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Removal of Seizures from Real Estate
A seizure imposed on real estate is a serious restriction of the owner’s rights, hindering the sale, gifting, use of the property as collateral for a loan, or, in some cases, even the use of the property itself. This is one of the most common issues faced by owners of residential and commercial properties. Often, people learn about the seizure accidentally: during an attempt to conclude a purchase and sale agreement or when obtaining an extract from the State Register of Property Rights to Real Estate.
Frequently, a seizure is the result of court disputes, debts owed to creditors (banks, financial institutions, private individuals), tax authorities, criminal proceedings, or even registry errors. The main questions our clients usually ask are: How can a seizure on property be removed? How can a seizure on an apartment be lifted?
The law firm “Dominion,” drawing on many years of experience and successful cases, identifies the cause of the restrictions and selects the most effective method to protect your property.
The process of removing a seizure from property can be lengthy and may require substantial evidentiary support. Legal disputes, bureaucracy, potential abuses by creditors or enforcement services—all of these factors make the procedure complicated for the owner.
How to Check for a Seizure?
Before undertaking any actions with property or seeking to lift a seizure, it is important to verify the existence of the seizure and identify the authority that imposed it. This can be done in several ways:
- Obtain an extract from the State Register of Property Rights to Real Estate. It contains complete information about the property, including any encumbrances.
- Submit a request to the enforcement service or the pre-trial investigation authorities. If the seizure was imposed within enforcement proceedings or a criminal case, these bodies will provide a response.
What Property Is Not Subject to Seizure?
In Ukraine, there is a list of property that cannot be seized even in cases of debt or enforcement proceedings. This includes the debtor’s sole residence (if it is not mortgaged) and essential household items such as clothing, basic home appliances, and personal hygiene products. If the debtor is engaged in entrepreneurial activities, their primary means necessary for work cannot be seized. However, exceptions exist, and in some cases, even such property may be sold by court order.
How to Remove Encumbrances from Real Estate: Step-by-Step Algorithm
The procedure for removing a seizure from real estate depends on who imposed the seizure, under what circumstances, and on what legal basis:
Removal of Seizure Imposed by a Court
- Analysis of the Court Decision: It is necessary to understand the grounds for the seizure.
- Preparation of a Claim or Motion to Lift the Seizure: Depending on the circumstances of the case, its stage, and other factors. In some instances, it may be necessary to file an appeal against the court decision (ruling). These documents must thoroughly and with reference to evidence substantiate the illegality or groundlessness of the seizure.
- Obtaining and Executing the Court Decision: After obtaining a favorable court decision, the documents must be submitted to state registrars or a notary to have the seizure record removed.
Seizures may be imposed in civil, commercial, and criminal proceedings (described in more detail below). Every case is unique and requires significant legal expertise, and filing a claim alone may not be sufficient.
Seek Assistance from a Litigation Attorney
Cancellation of a Seizure Imposed by a State or Private Enforcement Officer
- Identifying the Reason for the Seizure: If the cause lies in debts to the state or counterparties, the debt must either be repaid or the illegality of the seizure must be proven.
- Debt Repayment: If a debt does exist, it should be paid, and confirmation obtained.
- Submission of an Application to the Enforcement Officer: Submit an application to lift the seizure along with evidence of payment.
- Challenging Inaction or Unlawful Debt Collection: If the enforcement officer delays the process or the debt is unlawful, challenge the officer’s inaction or the grounds for the debt in court by filing a lawsuit to remove the seizure.
Removal of Seizure Imposed Within Criminal Proceedings
Seizures in criminal proceedings may be imposed mistakenly, particularly in joint ownership cases where the property belongs to several individuals, or through the actions of unscrupulous counterparties manipulating information. Such situations lead to unjust restrictions on property rights, requiring thorough investigation and subsequent appeal.
Seizures imposed within criminal proceedings can be removed by two methods:
Filing a Motion to the Investigating Judge (Court) to Lift the Seizure:
The Criminal Procedure Code of Ukraine allows for the cancellation of a seizure order by submitting a motion to the investigating judge (court) if the applicant was not present during the seizure hearing. In practice, property seizures often occur without notifying the suspect, accused, or owner. Thus, filing a motion can be an effective way to lift the seizure.
Appealing the Investigating Judge’s (Court’s) Order in Appellate Court:
An order imposing a seizure can be appealed within 5 days of its pronouncement or, if the complainant was not present, from the date of receiving a copy.
Depending on the case circumstances, qualified attorneys from the “Dominion” Law Firm select the most effective course of action to relieve clients of unnecessary burdens.
Order a Consultation with an Attorney
Answering the question “How to remove a seizure from property?” requires not only knowledge of the law and understanding of the process but also awareness of the realities of judicial practice. Engaging an experienced lawyer enables prompt collection of necessary documents, legal assessment of the situation, verification of property that is exempt from seizure, and the taking of appropriate measures to protect the owner’s rights. Properly conducted legal procedures ensure swift and lawful removal of the seizure, allowing you to regain full control over your property and avoid additional legal risks.
