Armenian
Young Lawyers Association

REGISTRATION OF PROPERT RIGHT O VOLUNTARY BUILDING PREVENTED

07.08.2012 | 13:08

On 28.03.2012 Citizen of Kapan B.M. applied to Syunik AAC with request to further handle the case referring the unaccomplished construction of the shop in 2/1-4 M. Stepanyan Street of Kapan. Namely, referring the greengrocery shop, this belongs to A.H and was neghbouring the unaccomplished shop.
The greengrocery was built without the consent of B.M. and the dwellers of building 2 of Melik Stepanyan Street of Kapan city. The shop is located in 2,80 meters from the building, thus was built in violation of construction norms. The construction of the greengrocery, which operates just near the unaccomplished shop, violates the property rights of B.M, the joint-owner of a non-dwelling space on the ground floor of the same building. In result of aforesaid he was deprived from his right to completely use his property.
After examining the case and realizing the necessary legal analyze, on 15.02.2012, Syunik AAC sent an application to the head of Syunik Department of the State Committee of the Real Estate Cadastre adjunct to the RA Government. The application stated that the shop in that address might not be considered legal, on the assumption of the fact that it violates the rights of other individuals as well as the norms and standards of urban development. It caused problems for the traffic as well. Based on the aforesaid the AAC requested to refrain from registration of A.H. property right for the shop.
As a result on 23.03.2012, Syunik Department of the State Committee of the Real Estate Cadastre adjunct to the RA Government informed that State Registration of property right of A.H. over the greengrocery shop neighboring to the shop in /1-4 M. Stepanyan Street of Kapan cannot be realized.

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