Removal of Property from Illegal Use PSH Georgia : Public Service Hall
Organization : Public Service Hall
Type of Facility : Removal of Property from Illegal Use
Country: Georgia
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Website : http://psh.gov.ge/index.php?lang_id=ENG&sec_id=242
Removal of Property from Illegal Use :
What does the service “removal of property from illegal use” imply and when is it necessary?:
The service implies the removal of the real-estate from illegal occupation and/or use and/or the delivery of the real-estate to a creditor’s ownership or use.
Related : Public Service Hall Georgia Registration of Right to Ownership of State on Immovable Thing : www.statusin.org/8877.html
In case you are the owner of real-estate and your legal rights are violated by the third party (parties) and you are unable to manage your property (use, possession, control), you are authorized to demand the removal of your real-estate from illegal use.
Who do I have to assign for removal of the property from illegal use?:
In order to ensure the removal of your property from illegal use you have to apply to the Justice House.
You have to present following documents:
** Assignment for the Enforcement Police (to be filled in on the spot)
** Copy of the order
** Extract from the Public Registry
** Report about the property valuation issued by the competent body or person;
** Payment of 1% no less than 100 GEL in compliance with the report
** Your ID card
May I assign for the removal of the property from illegal use by proxy and what additional documentation is required?:
Yes, you may. Either you or your representative may act as assigners of the service. If the assignment is presented by the representative, he/she has to present the power of attorney with the right on case management at the Justice House.
How much is the service due and how is the payment made?:
A creditor pre-pays the service due in advance while presenting the enforcement sheet that is 1% of the market value of the item, not less than 100 GEL.
When does the case management begin?:
Case management on the basis of the enforcement sheet begins as soon as a creditor presents the assignment. The case management implies the presentation of the enforcement sheet-activity of all the participants of the enforcement process.
Who is carries out dismantling of illegal constructions and premises and how is it accomplished?:
Enforcement Police carries out dismantling of illegal constructions and premises having been built illegally or by violating the law. A notification is sent to a debtor regarding the voluntary and immediate fulfillment of the decision, giving the 7-day deadline. After the term has been expired without any result, compulsory enforcement comes into play.
Who do I have to apply if I have signed a mortgage agreement on a vehicle and I demand that I should become the owner of the mortgaged item, but the depositor does not fulfill my demand within 2 weeks from my written warning?:
You can apply to the Justice House without court decision and require compulsory enforcement.
Terms mandatory for this action are:
** Retrieval of mortgage certificate from Service Agency of MIA
** Provision of evaluation of the mortgage item by expert/audit
** In compliance with the valuation report, payment of the enforcement due, that is 1% of the item value and not less than 100 GEL
** You have to present the mortgage certificate to the Justice House together with the valuation report, confirmation document of the payment of enforcement service due, your ID and the power of attorney in case of representation, in order to get the compulsory enforcement commenced. An assignment regarding the registration of the enforcement document is filled by Justice House employee via electronic program.
A mortgager is responsible for reasonable presentation of the mortgage certificate