How is title to real estate documented in Kazakhstan? Does a public registry exist that records ownership of real estate?
Based on the Republic of Kazakhstan Civil Code (General part) (hereinafter the “RK CV”) (clause 3 article 236) and the Republic of Kazakhstan Law “On state real estate rights registration”, № 310-III, dated 26 July, 2007 (hereinafter the “State real estate rights registration Law”) (article 34) the property owner is provided with the registration documents of title and other documents confirming the registration object. The registration authority, after the entry of a record sheet on the registration, creates an inscription on the entitlement of the state registration, and then issues these documents of title to the owner with a mark confirming registration.
In addition, the electronic registration of real property rights is applicable in Kazakhstan (article 34, clause 1.1 of the State real estate rights registration Law).
The Republic of Kazakhstan has the legal cadaster, which is a unified state register of registered rights to real estate, including land plots (paragraph 2 of the State real estate rights registration Law).
Entries in the legal cadaster are completed for all property.
The cadastral number identifies real estate objects.
All records on the state registration of rights to immovable property are recorded by the registration authority in the legal cadaster information system.
The Ministry of Justice of the Republic of Kazakhstan forms the unified information system of the legal cadaster.
Any transactions (ownership transferring) are considered as executed from the moment of their registration, and ownership of the land that is the subject of such transaction is transferred to the buyer at the moment of the state registration of its rights in the legal cadaster.
The state registration of rights to immovable property, including land plots is a mandatory procedure of recognition and confirmation by the state of occurrence, for a change or termination of rights (encumbrance of rights) to real estate, in the legal cadaster.
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