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Legal services (legal assistance) for representing interests in court in disputes on state registration of rights to real estate

Litigation and Dispute resolution

As a general rule, rights to real estate, land plots and the transfer of rights to them are subject to state registration with the Federal Service for State Registration of Cadastre and Cartography (Rosreestre). The main legal act regulating the issues of state registration of rights to real estate is the Federal Law of July 13, 2015 No. 218-FZ “On State Registration of Real Estate”.

The current legislation provides for the right of the registering authority to suspend state registration for no more than 3 months if it is necessary to submit additional documents, if there are doubts about the authenticity of the submitted documents. Also, the suspension period can be extended up to 6 months at the initiative of the applicant. This possibility of suspending state registration increases the chances of resolving possible disagreements in order to eliminate the reasons for further denial of state registration, which can save the applicant time and money.

Disputes about state registration of rights to real estate may relate to contesting illegal refusals in state registration, as well as contesting illegally performed state registration. At the same time, in the latter case, an additional court decision may be required in the framework of litigations to invalidate the documents that served as the basis for the implementation of registration actions by the Rosreestr authorities.

Disputes on state registration of rights to real estate

Cases challenging unlawful decisions of the Rosreestr authorities to refuse state registration are subject to appeal in accordance with Chapter 25 of the Code of Civil Procedure of the Russian Federation (on applications from individuals) and Chapter 24 of the Arbitration Procedure Code of the Russian Federation (on disputes involving individual entrepreneurs and legal entities).

Regarding cases of contesting the state registration and exclusion of information from the USRN, the opinions of the courts are different. In some cases, the courts establish that the consideration of such disputes is carried out in the order of appealing against non-normative legal acts, in other cases, the courts come to the conclusion that state registration and making an entry in the USRN does not have signs of actions subject to challenge in the order of Ch. 25 Code of Civil Procedure of the Russian Federation.

Cases of the above categories are of particular complexity, since in almost all cases it is necessary to provide indisputable evidence that the state registration and entering information into the Registry was unreasonable, or the denial of state registration is contrary to the requirements of current legislation.

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