of April 30, 1999 No. ZR-295
About state registration of the rights to property
Accepted by National Assembly of the Republic of Armenia on April 14, 1999
1. This Law establishes legal basis of state registration of the rights, restrictions of the rights to property (further - restrictions), provisions of information on property, the rights, restrictions for it, the rights and obligations of the body performing registration, feature of production of state registration of the rights and restrictions for property.
2. If the ratified international treaties of the Republic of Armenia establish other regulations, then regulations of international treaties are applied.
3. On state registration of the rights, restrictions for property according to the procedure, established by this Law, the regulations established by the Law of the Republic of Armenia "About anti-money laundering and terrorism financing" extend.
4. On functions on provision of information on state registration of the rights, restrictions for property according to the procedure, established by this Law, the requirements established by parts 3 and 9 of article 5 of the Law of the Republic of Armenia "About settlement of managerial legal relationship" do not extend.
5. The regulations established by this Law do not extend to the relations connected from registration of the right of pledge concerning the assets pledged for the purpose of release of the secured mortgage bonds and asset-backed securities provided by the Laws of the Republic of Armenia "About secured mortgage bonds" and "About securitization of the assets and securities provided with assets".
6. For the purpose of the organization of state registration or provision of information the head of the state register of the real estate can adopt the legal acts regulating features of document flow on state registration, provision of information, and also clerical work on recognition of authenticity of signatures in the bargains concluded with recognition of authenticity of signatures, established by Chapter 5 of this Law, and correction allowed in the agreement submitted in the procedure established by this Chapter, the language or typographical mistakes which are not changing essence and contents of the document.
7. The legal relationship connected with state registration of the right of pledge of personal estate, the lease right under the agreement of leasing are regulated by the Law of the Republic of Armenia "About registration of the secure rights to personal estate".
8. The list of the personal estate which is subject to accounting, procedure for maintaining the inventory of personal estate, form of registers for the purpose of maintaining the inventory of personal estate and also the bodies performing accounting establishes the Government.
In this Law the following basic concepts are used:
the single state inventory of real estate – the unified systematized state register of data on real estate kept for all territory of the Republic of Armenia and based on the description of borders of units of real estate on cadastral maps (plans);
maintaining the single state inventory of real estate – single function on state registration of the rights and restrictions for property, cadastral assessment, accounting of property, information collection about property, the rights to it, restrictions of the rights, to creation and management of information bank;
unit of real estate – the part of property constituting single spatial set which is object of property or other property rights of one person, and in case of common property – more than one person;
the real estate unit – on the purpose inseparable units of real estate which can be adjacent however on the target use are inseparable from each other as engineering, linear, road, pipeline systems and infrastructures, and also the communication networks (rail line, the cable line, the pipeline and other) constituting part of these units or integral from each other;
the address of real estate – definitely systematized group of details which unambiguously determines the place of object of addressing in the settlement and which contains at least following details: area, community, intra settlement geographical object (quarter, square, street, avenue, lane, pass, deadlock, park and other), sequence number of real estate;
common property of owners of the apartment building – property, stipulated in Item 1 Article 224 of the Civil code of the Republic of Armenia;
real estate - the parcels of land, the part of subsoil which is real estate, the isolated water objects, the woods, long-term saplings, underground and elevated buildings, constructions and other property attached to the earth;
documents on inventory count – the documents constituted as a result of inventory count, technical certification or registration of real estate, or established by the legislation for registration of the end of these functions constituted by state body specified in this Law, performing inventory count, technical certification or land registration, buildings, constructions, till March 1, 1998;
the subject of the registered right – the person of law registered in the procedure established by this Law. On behalf of persons of law, registered in the area of the rights acquired for the asset account of contractual investment fund acts and performs the rights and obligations provided by this Law, the managing director of this investment fund;
the owner – the subject from whom the right acquired by the method which is not forbidden by the legislation of the Republic of Armenia was not subject to state registration according to the procedure yet, established by this Law;
the documents confirming acquisition of right – the written instrument necessary and sufficient for legal registration of the end of the procedure established by the legislation for acquisition of rights of the rights which are subject to state registration on the bases established by the law including civil agreements, individual acts of state bodies or local self-government, court resolutions, and for recognized by law it is right – the written instruments confirming the dispositive facts acting as the necessary and sufficient precedent condition for acquisition of right of the similar right under this law;
right supporting documents – the documents confirming acquisition of right, and documents on inventory count;
the cadastral code – combination of figures which is given to unit of real estate or its separate parts or the real estate unit and remains so much time while this unit or object exists as single set, spatial or inseparable on purpose, or the cadastral territory or the subterritory of this unit did not change;
the plan of the parcel of land – the topographical drawing (card) of the parcel of land drawn on the scale established for use at which, in borders of this parcel of land, at the time of the last shooting (vseobozreniye) and according to the last project of zemleustroyeniye, the condition and borders of the parcel of land are imprinted;
the inventory of personal estate – unified information system of data on the accounting of personal estate which is subject according to the legislation of the Republic of Armenia on types of data of accounting and data on the rights and restrictions for personal estate which are subject to state registration, their origin, change, transfer and the termination;
maintaining the inventory of personal estate – accounting by types and maintaining magazines on accounting of personal estate authorized by the Government, and also state registration of the rights which are subject to registration, restrictions for personal estate, their origin, change, transfer and the termination;
the plan of construction – the external image of horizontal section of floors of the building, construction, and in case of separate buildings, constructions – also external image of their arrangement on the parcel of land in certain scale and with symbols;
state registration – the obligatory function which is subject to implementation by the body performing state registration in the procedure established by this Law which is aimed at providing with the state origin, change, transfer, the termination of the rights to property and recognition of the restrictions, and also on protection by the state registered on property of the rights, collection, availability, objectivity, continuity and unity of data of the single state inventory of real estate;
office of servicing – structural division of the state register of real estate which makes adoption of statements on implementation of functions of the state register of real estate and provision of the documents constituted as a result of these functions.
The basic principles and tasks of state registration are:
1) recognition, guaranteeing and protection by the state of the rights registered on property, restrictions;
2) creation and management of information system of data on the rights, restrictions for property, cadastral assessment, accounting of property;
3) ensuring availability, objectivity, continuity and unity of data on property and the rights registered on it, restrictions;
4) assistance in formation of the real estate market.
Subjects of state registration are: Republic of Armenia, communities of the Republic of Armenia, physical persons and legal entities, foreign states, administrative and territorial units and organizations of foreign states.
1. State registration includes:
1) state registration of origin, the termination, transfer, change of the property rights, uses, mortgages on property, buildings, the servitude of the parcel of land, and also other property rights provided by the law including guarantee of property rights on the real estate;
2) state registration of application, change, the termination of restrictions for powers according to the order, use or ownership of property, and also restrictions for implementation of property rights.
1. The rights registered on property and restrictions have legal force whether and all subjects are considered informed on their registration irrespective of circumstance is expert about it actually or not.
2. The data which are written down in the magazine of state registration of the rights are considered as true and have evidentiary force so much time until in established by the legislation of the Republic of Armenia they are acknowledged invalid, invalid or insignificant.
1. The claim to property raised to state registration earlier has first priority concerning the claim raised later.
2. If the claim contradicting each other or restrictions for property are raised to state registration, then first priority of registration is given to that right or restriction which is provided on state registration earlier, except as specified, the stipulated in Clause 7.1 presents of the Law, - irrespective of the term established for similar registration, at the same time first priority is determined by time of submission of the corresponding statement.
In case of lack of the bases established by this Law for suspension in registering body of registration of the restriction brought in accordance with the established procedure from the moment of introduction excludes the contradicting its any registration – irrespective of term, the similar restriction set for registration.
3. The owner can dispose of the property acquired by him or the rights to property, including to encumber with other property rights, after state registration of the rights to this property in the procedure established by this Law, except as specified alienations of the parcels of land which are the state-owned or municipal property, established by part 3 of Article 64 of the Land code of the Republic of Armenia and the Law of the Republic of Armenia "About the status of individual private houses with not kept documents confirming the rights".
4. On property other property cannot be registered if the property right to this property, except for the property rights recognized by law or court resolution and also other cases provided by this Law is not registered.
1. The state register of real estate before state registration of the right following from the agreement makes preliminary note about property right addressed to the owner of property with the notification of the notary.
1. As the basis for state registration of the rights to property in the procedure established by this Law right supporting documents, and in case of features of the state registration provided by Chapter 4 of this Law - the documents which are also established by this Chapter act.
2. The duty on submission of right supporting documents for state registration of the rights to property is performed by persons addressing for state registration of the right, except as specified, when the obligation on representation or acquisition of rights of right supporting documents for state registration of property rights of physical persons or legal entities the legislation of the Republic of Armenia is assigned to state bodies or local government bodies.
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