Legal claims mean when someone challenges other people's rights to real estate or declares their rights to another person's property.
Legal claims can be imposed only on real estate. Such real estate can be categorised as follows:
In accordance with paragraph 1 of article 53 of the Law of the Republic of Kazakhstan "On State Registration of Rights to Real Estate" (hereinafter - "Law"), the following facts may appear as legal claims:
In accordance with paragraph 1 of article 53 of the Law, the initiator of registration of a legal claim can be any interested party challenging either having an interest in certain real estate rights or transactions. Plaintiff in a lawsuit with a claim for real estate rights, a party to the contract and others can serve as initiators.
Where to register a legal claim?
What kind of documents are necessary for legal claim registration?
In accordance with paragraph 1 of article 3 of Appendix № 3 under the rules for the provision of state services "State registration of rights (encumbrance) for real estate" Registration is completed within 3 business days from the date of submission of an application to the service center.
Extension and re-registration of a legal claim
In accordance with paragraph 4 of article 53 of the Law, interested parties may apply to the extension of registration of a legal claim before the expiration of the 3-year validity period. In case of an expiration of a 3-year period, you can re-apply for the registration of the claim.
How does a legal claim affect the closing of a real estate transaction?
How to withdraw a legal claim?
In accordance with paragraph 4 of article 53 of the Law, withdrawal of legal claims is carried out in the following cases:
When is the state able to initiate a legal claim?
In case of compulsory alienation of the land plot or other real estate for state needs, the state may act as the initiator of the registration of the claim. In accordance with paragraph 2, 5 of article 64 of the Law of the Republic of Kazakhstan "On State Property" notice of the forced alienation of land or other real estate in connection with the withdrawal of the land plot for state needs as a legal claim is subject to state registration.
The content of this article is intended to provide a general guide
to the subject matter. Specialist advice should be sought
about your specific circumstances.