fact-ua.com

A woman was denied property ownership registration due to a surname error. Here's the court's ruling on the matter.

Суд рассмотрел дело, в котором ЦНАП отказал женщине в регистрации права собственности на квартиру из-за ошибки в фамилии. Каково решение суда?

A woman decided to register her ownership rights for a real estate property (an apartment) in the State Register of Property Rights. To do this, she contacted the CNAP, but her request was denied due to an error in her surname. This is stated in the decision of the Bohuslav District Court of Kyiv Oblast, published on January 20, 2025.

The woman is a person with IDP status due to the armed aggression of the Russian Federation against Ukraine, as confirmed by the internal displaced person registration certificate No. 3224 dated July 27, 2023. She owns an apartment, which is confirmed by the certificate of ownership dated May 15, 2007. The ownership was registered in the BTI of the city of Dzerzhynsk (Toretsk) based on the certificate of ownership of housing, as confirmed by the extract on the registration of property rights dated May 18, 2007. Currently, her apartment is destroyed. To submit documents for the "eRecovery" program, she contacted the CNAP department of the Bohuslav City Council Executive Committee to register her property rights in the State Register of Property Rights in accordance with the Law of Ukraine "On State Registration of Property Rights and Their Encumbrances." However, her application for property rights registration was denied because the submitted application did not match the information in the certificate of ownership for the apartment issued by the privatization authority of Dzerzhynsk, Donetsk Oblast, on May 15, 2007, in her name. Thus, the surname in the property documents for the apartment does not correspond to the surname indicated in her passport.

What did the court decide?

The woman's claim was upheld. The court decided to establish the fact of the ownership document belonging to the individual, specifically: to confirm the ownership certificate issued by the privatization authority of Dzerzhynsk on May 15, 2007, according to order No. 228 dated May 15, 2007, for the apartment.

"The inaccuracy in the record of the apartment owner is an obstacle for the applicant in carrying out registration actions, as seen from the decision of the state registrar of property rights dated November 20, 2024, therefore, to protect the applicant's rights, her claims must be satisfied," the court emphasized.