Recently, notaries have not been registering the entrustment of lands with municipal documents to others. However, in previous years, notaries carried out such operations.
Another issue is that the State Registry Service does not consider applications from citizens who previously obtained the land through a power of attorney via a notary. The Service only considers the application of the first person. Those who received a power of attorney are required to have the person with the document apply.
This, naturally, causes misunderstandings and dissatisfaction among citizens.
Medianews.az reports that Ramil Gasimzade, an expert on real estate matters, speaking to Bizim.Media about the topic, stated that the problem is related to lands whose rights have not been determined:
"Some citizens purchase lands with municipal documents through power of attorney. But those people forget that the land area they purchase does not belong to the person selling it. Because a municipal document does not yet mean recognition of ownership rights.
There are many cases when municipalities sell land to someone without coordinating with the relevant state authorities. Or the municipality sells lands that are not its property to citizens. This is a violation of the law. Therefore, a municipal document is not a document that confirms ownership rights.
In the last 10 years, many lands were sold to citizens with municipal documents.
They even provided the possibility to build houses on the sold lands. Previously, some notaries recognized the power of attorney pertaining to the land plot granted by the municipality to someone. However, after recommendations from the State Service for Property Issues, notaries stopped issuing powers of attorney based on municipal documents.
At the same time, citizens who previously obtained municipal documents through power of attorney face problems when applying to the State Registry Service for extracts. The reason the Service does not accept the power of attorney is that it only conducts the sale and purchase of lands that have an extract. The Service does not accept documents from citizens who obtained power of attorney based on municipal authorization. Only the first person can apply to the Registry Service."