The legal protection of property begins with the proper establishment of ownership rights and, where required by law, their state registration. State registration is particularly important for real estate, as it ensures the official recognition and protection of ownership rights by the state, as well as protection against unlawful claims by third parties.
Property rights may be protected through both out-of-court and judicial mechanisms, depending on the nature of the violation and the existence of a dispute between the parties.
Out-of-Court Protection
In many cases, a dispute can be resolved without going to court through negotiations, applications to state or local self-government authorities, as well as through the registration of rights or the correction of registration records.
Judicial Protection
If out-of-court measures do not produce results or if there is a dispute regarding ownership rights, a person may apply to a court seeking, for example:
- recognition of ownership rights;
- cessation of the violation of rights;
- recovery of property from unlawful possession;
- invalidation of a transaction or act that infringes property rights.
Regardless of the chosen method of protection, the first step is to collect documents confirming your rights to the property, such as a certificate of ownership, purchase agreement, deed of gift, inheritance documents, technical passport, payment receipts and other available documents, as well as evidence supporting the alleged violation.
How to Register Property Rights with the Cadastre Committee
To register prperty rights, it is necessary to submit to the Cadastre Committee the document establishing the basis for the acquisition of the property (for example, a sale and purchase agreement, deed of gift, inheritance certificate, court judgment, etc.), together with any other documents required by law.
The application may be submitted to the territorial offices of the Cadastre Committee or electronically. Following review of the submitted documents, the Cadastre Committee registers the ownership right if all legal requirements are met.
How to Protect Property Held in Joint ownership
Where property belongs to several persons, decisions regarding its possession, use or disposal often require the consent of all co-owners.
In the event of a dispute, it is possible to determine the rules for the use of the property, separate a share in the property, terminate joint ownership, or apply to the court to restore violated rights.
It is important to preserve all documents confirming ownership rights and the manner in which the property is used, as well as any written communications between co-owners and other relevant evidence.
What Is the Role of a Notary in Protecting Property Rights?
A notary verifies the identity and legal capacity of the parties, the legality of the transaction, and the compliance of the submitted documents with legal requirements, and certifies the relevant documents.
In particular, a notary is involved in:
- real estate sale and purchase transactions;
- gifts of apartments, houses, land plots and other property;
- inheritance procedures and the issuance of inheritance certificates;
- division of marital property and property agreements between spouses;
- powers of attorney relating to the acquisition or disposal of real estate;
- transfers of shares and other corporate transactions where required by law;
- other transactions involving property rights where notarization is mandatory under the law or chosen by the parties.
What Is a Certificate of State Registration of Ownership Rights?
A certificate of state registration of ownership rights is a document confirming that a person’s ownership right has been registered in the state register.
It contains a registration number, information about the owner, the date of registration of the ownership right, and a description of the property.
What Is the Limitation Period for Property Disputes?
The limitation period for property disputes depends on the nature of the claim and the applicable legal regulation. As a general rule, many claims arising from civil law relationships are subject to a three-year limitation period, although the law provides for exceptions.
If you believe that your property rights have been violated, it is advisable to seek legal advice as soon as possible, since the expiration of the limitation period may affect your ability to protect your rights in court.
What Should I Do If an Attachment or Restriction Has Been Placed on My Property?
If an attachment or restriction has been imposed on your property, the first step is to determine the grounds for the measure and identify the authority that imposed it.
You should:
- check the property’s registration details with the Cadastre Committee;
- obtain a copy of the decision or act that serves as the basis for the attachment or restriction;
- identify the authority that imposed the restriction (court, enforcement service, investigative authority, or another competent body).
If the grounds for the attachment or restriction no longer exist, the relevant obligation has been fulfilled, or the measure was imposed unlawfully, it is possible to apply to the competent authority or the court to have the restriction removed, amended or challenged.
- Cadastre Committee of the Republic of Armenia – for real estate registration, information and related services.
- e-Cadastre online platform – for submitting applications and obtaining certain services electronically.
- e-gov.am – the unified platform for electronic public services.
- e-register – for company registration and access to corporate information.
