of May 3, 2014 No. 73-V
About state registration of the rights to real estate and transactions, related
This Law establishes the legal basis and procedure for state registration of the rights to real estate and encumbrances of the rights to it, and also the related transactions for the purpose of recognition and protection by the state of the rights registered according to this Law, encumbrances of the rights to real estate and transactions, related.
For the purposes of this Law the following basic concepts are used:
1) the applicant – the owner, the acquirer and other persons for the benefit of whom state registration is performed;
2) the applicant's representative – person who on behalf of the applicant submits the application and performs other actions connected with state registration owing to the power based on the power of attorney, the legislation, the judgment;
3) the registration district – part of the territory in borders of one administrative and territorial unit within which the relevant territorial authorities of Service on state registration of the rights created in the cities and in etraps perform activities (further - territorial authorities of Service);
4) the state registrar – the official performing state registration of the rights to real estate and transactions, related;
5) the real estate unit – the parcel of land, the building, construction, objects of construction in progress, residential and non-residential premises, the companies as property complexes or other real estate units which have the established borders and are in property or use of physical persons and legal entities;
6) the State register of the rights to real estate and transactions, related (further – the State register) – information base about the existing and stopped rights and encumbrances of the rights, and also about owners whose rights are registered by territorial authorities of Service in registration books;
7) technical inventory count of real estate – collection, recovery and processing of data on availability, the location, structure, the area and other characteristics, condition, real estate value on the basis of results of inspection of real estate;
8) real estate transaction – the expression of the will by physical persons and legal entities directed to origin, change or the termination of the rights to real estate;
9) object of construction in progress – the preserved construction object which creation as separate structure was authorized and begun according to the legislation of Turkmenistan, but was not complete, having strong communication with the earth, appointment, the location which sizes are described in documents of the State register;
10) encumbrances of the rights – restrictions of rights of possession, the order, use of real estate (lease, pledge, mortgage, servitudes, agreement obligations, the judgments about seizure of property and other rights established by the legislation of Turkmenistan limiting the rights of the owner or the user of the real estate);
11) documents of title – documents based on which arise pass and stop the rights, encumbrances of the rights to real estate;
12) accession number – number of the building, construction, the residential and non-residential premise, the company which is not repeating in the territory of Turkmenistan as property complex and other real estate unit, except for the parcel of land, kept during the entire period of its existence and appropriated in accordance with the established procedure;
13) cadastral number – the individual, not repeating in the territory of Turkmenistan number of the parcel of land kept during the entire period of existence of the parcel of land and appropriated according to the legislation of Turkmenistan;
14) earlier arisen right or encumbrance of the right – the right to real estate or encumbrance of the right to the real estate which arose to the introduction of this Law in force and valid on condition of its compliance to the legislation of Turkmenistan existing at the time of emergence of the appropriate right;
15) the servitude – the right of limited use of the real estate unit for pass, laying and operation of necessary communications, and also other needs which cannot be provided without establishment of the servitude;
16) technical mistake – mistake in the document of the State register which correction does not attract origin, transition or the termination of the rights, encumbrances of the rights to real estate;
17) error of nontechnical nature – mistake in documents of the State register which correction can entail origin, transition or the termination of the rights, encumbrances of the rights to real estate or damnification to interested persons;
18) the specialized inventory – the state inventory including the systematized data on real estate depending on the natural and other features determined by the legislation of Turkmenistan. Also other inventories belong to specialized inventories land, water, forest, town-planning.
1. The legislation of Turkmenistan on state registration of the rights to real estate and the related transactions is based on the Constitution of Turkmenistan and consists of the Civil code of Turkmenistan, this Law and other regulatory legal acts of Turkmenistan.
2. If the international treaty of Turkmenistan establishes other rules than containing in this Law, then rules of the international treaty are applied.
This Law extends to the legal relationship connected with the real estate units which are in limits of Turkmenistan irrespective of patterns of ownership as subject to registration of the rights to real estate and the related transactions the stipulated in Article 6 these Laws.
The main objectives of state registration of the rights to real estate and the related transactions are:
1) recognition and protection by the state of the rights to real estate;
2) assistance to formation of the real estate market;
3) creation of information system on real estate units, the rights and encumbrances concerning it;
4) provision to physical persons, public authorities, local government bodies, courts, credit institutes and other legal entities of information on real estate units, the rights and encumbrances concerning it;
5) ensuring availability, objectivity and continuity granted about real estate units, the rights and encumbrances of the rights concerning it.
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