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More than 20 years ago, Kaunas residents bought an apartment on Lelijų Street, but now they have found out that it belongs to others. When the interpretation began, it was clear that the Registry Center had made mistakes.
Unexpected message
The daily life of the Arvydas family of Kaunas was disrupted by an unexpected message. During the administration of the house, it became clear that the apartment he had bought in 1994 did not belong to them, but had been inherited from the daughter of the former owner.
“Who needs to register a house with the Registry Center if the protection of property is not guaranteed?” The man who rhetorically wrote the editorial asked.
Mr. Algirdas said that 26 years ago he and his wife bought two apartments in the house on Lelijų Street. A contract of sale was signed and certified by a notary. About a week after the property was acquired, all documents were brought to the Records Center. The man claimed that he later received documents from the Registry Center with the registration number and a stamp, so that Kaunas residents lived in peace, believing that the apartment really belonged to them.
The Registration Center did not complete the registration process and did not include the documents in its files.
However, this summer it became clear that an apartment in a house on Lelijų Street does not belong to them. Arvydas assured that the documents for one apartment were in order and the other was not. He discovered that an apartment now belongs to the daughter of the former owner. It was inherited after the death of the former lover. It later emerged that the Registry Center did not complete the registration process in 1994 and did not include the documents in its files.
“The Registry Center has registered the sales contract, but it is not on its books. The clerk handling the registry has already been fired. The situation is very strange, because then we bought two flats. The same specialist handled the documents for both floors. Now we learn that one was duly registered. and it belongs to us, the other one – the daughter of the former host ”, – Arvydas spoke about the mistake made by the Center of Records.
A Kaunas resident bought two apartments in the house on Lelijų Street, but only one was properly registered. (Photo by Justina Lasauskaitė)
Don’t make your mistakes
The man said that he had to search for the daughter of the former owner of the apartment for a long time, because now he does not live in Lithuania. The woman looked kindly at the bureaucratic mistake she made and denied her the right to the apartment because she still remembers that her mother had sold the property and that the money had been paid for the apartment. However, the Registry Center is in no rush to correct a registry error made more than twenty years ago.
“It can be said that I am still lucky that the daughter of the ex-owner of the apartment is giving up the right to the apartment. But on the other hand it may be that someday someone knocks on the door and knocks it down because they say they own the apartment. Legally, the other person is the owner: he can also ask the neighbors to expropriate the property, and thus expropriate the property, “said the interlocutor about how people can become homeless because of bureaucrats.
The Kaunas resident claimed that he had repeatedly visited the Records Center, had the available documents, the approved sale agreement and the apartment file, but the employees refused to rewrite the documents and indicate the true owners on them. Specialists have found out that they cannot help anyone, because the heir may have rights to the apartment. Although, according to the Kaunas resident, the Registry Center admitted that he had made a mistake, now the responsibility is shaking and he offered to conclude a new contract of sale with the heir to the apartment, notarize it and then register the new owners.
“They say that the easiest way to fix everything is a new sales contract. They make mistakes themselves, but then they disappear. But when they go to the notaries, they refuse to approve a transaction that would record the symbolic price of a 1 euro apartment “.
Notaries have indicated that they can only approve a contract for the sale of an apartment that specifies a market price. But after all, I can’t pay 40 thousand for an apartment again. I had already paid for this property in 1994. If the amount is included in the contract, the notary will notice that the money has been received and I will not pay anything, the contract will be fictitious. By the way, we cannot sign a donation agreement with the daughter of the former owner, because then I will have to pay considerable taxes to the tax inspection, “said Arvydas.
Astonished negligence
Realizing that the notaries would not help to solve the problem of ownership of the apartment, the man returned to the Records Center, but again received a reply that they cannot rewrite the landlord, and if you do not agree with his position, lets him go to court. However, here again there would be costs that the Kaunas family would have to incur due to the negligence of the bureaucrats.
Arvydas indicated to Kauno Diena that she had returned to the Records Center. Last month, he wrote a complaint to this institution, reiterating all the facts, attaching the documents of the apartment available, but surprised by another detail.
“I just put a stamp on my complaint. ‘No date, no signatures of who accepted it. Then it turns out that the documents disappear, because when they are accepted, nobody is responsible for it. Anyone can have that stamp. It has no power, if there is no signature next to whoever accepted those documents, by the way, the state company is working, by the way, when I wrote the complaint, I met a few more people who found the same error in the Records Center and now they will also have to cross the street to prove that the property they have acquired belongs to them, “said a resident of Lelijų Street.
No new contract
Marius Stračkaitis, president of the Lithuanian Chamber of Notaries, also confirmed that a new apartment purchase agreement would not be possible. According to him, notaries should not correct the errors of the Registry Center, so they did not put stamps on the new contract.
“The situation you describe is obviously an attempt to transfer the problems from a sick head to a healthy one. There is no legal basis for involving notaries in solving this problem. And even vice versa, the new desired agreement would be fictitious and illegal. “According to article 33 of the Land Registry Law, the Registry Center has the obligation to correct or correct inaccurate and erroneous data,” M. Stračkaitis told the newspaper.
It concluded that the notary must refuse to approve a real estate sale contract that does not correspond to the actual will of the parties.
“The object of the contract is not to buy or archive real estate, but to correct an error in the public registry. The Civil Code stipulates that a transaction carried out solely (without the intention of creating legal consequences) is invalid, and the Notary Law, which the notaries, If there are doubts about the rights or legal facts of the people, the notary must refuse to certify such rights or facts “, – the president of the Chamber of Notaries of Lithuania explained why the notaries did not agree to approve the new contract of buy and sell.
Legally, the other person is the owner: you can also ask outsiders to expropriate the property.
Will everything be fixed?
Representatives of the Records Center explained to Kauno Diena that Arvydas only needs to present the old contract of sale, the file of the apartment and the consent of the heir that he has no claims and that everything will be repaired. Such a position is the complete opposite of that explained to Kaunas residents by specialists from the Kaunas-based Records Center unit.
The spokesperson for the Mindaugas Samkus Records Center could not explain the reasons for searching two apartments, one of which was not properly registered.
The Registry Center did not register the contract for the sale of the apartment, so it was inherited by the relatives of the former owners.
“The data on the aforementioned apartment purchase transaction was collected in 1994 in the then State Land Registry Data Registry and in the Office of Services, Design and Inventory of the Republic and only as of 1998 were these data transferred to the Real Estate Registry maintained by the Registry Center have not been reviewed, so today we cannot say why not all the data was entered in the databases of the aforementioned institutions, that is, the registration process ”, said the representative.
He pointed out that the law establishes that people who find out that the data entered in the Property Registry do not correspond to the documents on the basis of which they were entered, may request that inaccurate and erroneous data be corrected, rectified or completed .
However, it should be noted that errors can be corrected if there is no reason to believe that such correction would harm the legitimate interests of the owners of the real estate or third parties. the issue of data change could be resolved by expressing the will of the interested parties and presenting the originals of the documents that prove property rights, “documents that the Kaunas resident must present to the Registry Center, said M. Samkus.
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