It is not uncommon in courts when citizens are forced to apply for protection of their rights to real estate. These problems arise when one or another citizen intends to legally decide the fate of real estate: sell, donate or lease.
In Turkmenistan, such legal aspects of actions of citizens are described and enshrined in the Law «On State Registration of Rights to Real Estate and Transactions Related to It». The introductory part of the law describes its main task as follows: «The Law establishes the legal basis and procedure for state registration of rights to real estate and encumbrances of rights to it, as well as transactions related to it, in order to recognize and protect by the state the rights, encumbrances and rights to real estate and transactions registered in accordance with the present Law, associated with him».
To avoid any discrepancies in approaches to determining what exactly falls under this category, the sixth article of the Law establishes the rules of state registration in relation to the following types of real estate: land plots; buildings, structures, unfinished construction projects; residential and non-residential premises; enterprises as property complexes; immovable property included in the property complex; other types of real estate in cases established by regulations of Turkmenistan.
Upon state registration of the formation of a real estate object, a registration file is opened, and registration is closed upon state registration of the termination of the existence of the object.
Review of documents of citizens submitted for state registration is carried out in the order in which they were received for registration. After this, the registration process itself takes place within ten working days.
Many citizens are interested in the features of state registration of mortgages. As enshrined in the 1st and 2nd paragraphs of Article 44 of the above Law, during state registration of a mortgage, data on the mortgagee and mortgagor, the subject of the mortgage, the value of the obligation secured by the mortgage or data on the procedure and conditions for determining the value are indicated. In addition, the mortgage registration record is canceled on the basis of an application from the mortgagee, an application from the mortgagor with the attachment of documents on the execution of the main agreement, or on the basis of a court decision that has entered into force. Features of state registration of mortgages may also be established by other regulatory legal acts of Turkmenistan.
The population's appeals to local divisions and the central office of the Ministry of Adalat of Turkmenistan on these exciting issues about rights to real estate do not go unanswered. Citizens receive specific legal assistance and the necessary recommendations for legal resolution of their problems.
