Article 7. Legal significance of state registration The Law on State Registration of Rights to Immovable Property

Home / RLA / Article 7. Legal significance of state registration The Law on State Registration of Rights to Immovable Property

1. Rights (encumbrances of rights) to immovable property in accordance with Articles 4, 5 and 6 of this Law, which are subject to mandatory state registration in the legal cadastre, arise from the moment of their state registration, unless otherwise established by this Law and other legislative acts.

If registration is not refused, the moment of state registration is recognized as the moment of filing the application.

In the case of electronic registration, the moment of state registration of the right (encumbrance of the right) to immovable property is the moment of confirmation of its occurrence, modification or termination by the registering authority by sending a notification of registration.

2. Rights (encumbrances of rights) to immovable property that are not subject to mandatory state registration in the legal cadastre arise in accordance with the legislative acts of the Republic of Kazakhstan regulating the relevant relations, unless otherwise established by agreement of the parties.

3. Excluded by the Law of the Republic of Kazakhstan dated 03/25/2011 No. 421-IV (effective after ten calendar days after its first official publication).

4. Previously acquired rights are subject to registration in the legal cadastre in accordance with the procedure provided for in Chapter 6 of this Law.

5. During the state registration of rights to a land plot, the rights to immovable property that is firmly connected with the land plot are simultaneously considered to be registered, with the exception of rights to primary and secondary objects that are registered separately or together with the state registration of rights to land plots.

6. When setting priorities between several rights (encumbrances of rights) for the same real estate object, it is necessary to proceed from the following provisions:

1) rights (encumbrances of rights) to immovable property registered in the legal cadastre, which, in accordance with Articles 4 and 5 of this Law, are subject to state registration, have priority over unregistered ones;

2) the priority of previously created rights (encumbrances of rights) to immovable property is established by the date of the creation of the right in accordance with civil legislation.

7. Since the introduction of the state registration of rights to immovable property, the legal cadastre and the title document are the only sources of information confirming the registered rights (encumbrances of rights) to immovable property.

In the event of a discrepancy between the information contained in the information system of the legal cadastre and the title document, the registered title document located in the registration file has priority.

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.

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Republic of Kazakhstan

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