Azerbaijan, Baku, Jan. 19 /Trend, K.Zarbaliyeva/
The Supreme Court of Azerbaijan held a generalization of courts' introducing law in cases on recognition of rights to immovable property in 2007-2008. During the generalization, violations have been identified relating to the recognition of rights to willfully constructed buildings and illegally seized lands, a source at the Supreme Court told Trend.
It became known that for the recognition of rights to real estate, the citizens appealed to the courts, while these rights must be recognized by the State Real Estate Registry Service.
Only if this Service refuses to recognize rights to property, then it needs to appeal to the court, and if this refusal is unreasonable, it needs to require the withdrawal of the court decision.
Another violation is related to the recognition of rights to property in respect of buildings on own plots of citizens. Under the law, property rights in respect of buildings constructed on own plots of citizens should be recognized separately.
Citizens build homes on their lands without the permission of the appropriate state agencies and then file lawsuits in the courts for recognition of the rights to this property. Courts recognize the right of these buildings.
In all cases, the right to property should be recognized by the State Registry Service, said the Supreme Court.
Another violation of the law is a fact of real estate registration in the name of a deceased person.
"Property owner dies prior to the registration of property in the State Registry Service. In this case, no documents can be issued in the name of the deceased. In practice, cases have been identified where Service has issued such documents. The courts satisfied the proceedings on such cases," said the Supreme Court.
Generalizations were conducted by the Supreme Court on decisions taken by city and district courts in 62 districts of the Republic.
The Plenum of the Supreme Court discussed the results of generalization and the decision was send to the courts.