Article 37. State registration of changes, termination or establishment of encumbrances in respect of previously arisen rights recognized without State registration Chapter 5. FEATURES of STATE REGISTRATION OF CERTAIN TYPES OF RIGHTS of the Law on State Registration of Rights to Immovable Property
1. The state registration of changes, termination of previously existing rights to immovable property (encumbrance of rights) recognized as having arisen without state registration in the legal cadastre, or the establishment of encumbrances in respect of previously existing rights may not be refused due to the absence of registration of such a right (encumbrance of rights).
2. In the event of the transfer of a previously acquired right as a result of its alienation or the occurrence of other legal facts, the record of the occurrence of the previously acquired right and its termination is carried out simultaneously with the registration of the occurrence of the right by the acquirer.
3. For state registration in the cases provided for in paragraphs 1 and 2 of this Article, the applicant (his authorized representative), except for the cases provided for in paragraph 5 of this Article, must submit to the registration authority documents confirming the previously acquired right (encumbrance of right) to immovable property. These documents must comply with the requirements of the legislation of the Republic of Kazakhstan in force at the time of the right (encumbrance of the right).
4. The rightholder of a previously created right (an authorized representative) must submit in writing to the registration authority information about previously created encumbrances of such a right, which are recognized without state registration. If there are documents confirming such encumbrances, they are recorded in the registration sheet in the same manner as the record of previously acquired rights.
5. For the purposes of state registration of encumbrances imposed on previously acquired rights to immovable property by decision of courts, law enforcement, other government agencies and in other cases where the encumbrance is not imposed by the will of the rightholder, the registering authority establishes an information base based on the subject in cases where the legal cadastre does not contain any information about the object. real estate, its rightholder, and the applicant is unable to submit documents confirming the previously acquired right.
The Law of the Republic of Kazakhstan dated July 26, 2007 No. 310.
This Law defines the goals, objectives and legal framework in the field of state registration of rights to immovable property.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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