Introduction and General Description of the Service
The final and logical conclusion of the enforcement process is the handover of the vacated real property to the creditor (or the purchaser at an auction). Even if the ownership rights to the property are already registered in the creditor's name in the Public Registry, legal ownership and actual, physical possession often do not align. As long as the former owner remains in the building with their belongings, the creditor is deprived of the opportunity to use their property. Therefore, the immediate action following an eviction is to completely clear the building and hand it directly over to the creditor. This service legally solidifies the transfer of factual possession and precludes future disputes regarding the condition of the property.
This procedure is carried out by the National Bureau of Enforcement or a private execution officer. It involves a physical inspection of the building to confirm that unauthorized persons are no longer present and that third-party items have been removed. The handover act is the crucial document that gives the creditor full legitimacy to change the locks, begin renovations, or dispose of the property as they see fit.
What the Property Handover Service Includes
The service of handing over real property in a vacated state is not merely passing a set of keys. It begins with a detailed inspection of the facility after a forced eviction or voluntary vacation has taken place. The execution officer inspects the condition of the real estate (walls, doors, windows, built-in fixtures, communications) and compares it with previously existing inventory acts. This is critically important in cases where the person being evicted maliciously damages the property before leaving (for example, cutting pipes or breaking doors).
The next stage is drafting the official acceptance and handover act. The document accurately specifies the date, time, address of the property, and its physical condition. The act is signed by the execution officer, the creditor (or their representative), and, if present, the debtor. The service also ensures the installation of new locks to eliminate the risk of the former owner unlawfully re-entering the premises. From the moment the act is signed, full responsibility for the building's security passes to the creditor.
Practical Scenarios
A frequent scenario is when a bank acquires its own mortgaged property at an auction and requests its handover. In this instance, a bank representative meets the execution officer on-site. Once the police and the execution officer have evicted the occupants, the bank representative signs the act and immediately installs an alarm system or hires security personnel.
Another scenario is when a private individual buys an apartment at a forced auction. Often, former owners leave behind a lot of useless items, garbage, and damaged inventory. During the handover process, this fact is recorded, which subsequently provides the new owner with a basis to claim compensation for cleaning and repair costs. There are also cases where the former owner peacefully hands over the keys to the creditor in the presence of the execution officer, simplifying and accelerating the handover process.
The Regulatory Legislative Framework in Georgia
In Georgia, this procedure is regulated by the Law of Georgia on Enforcement Proceedings. This law distinguishes between the origin of ownership rights (which occurs upon registration in the Public Registry) and the transfer of factual possession of the property. The legislation explicitly obliges the execution officer to ensure the vacation and physical handover of the property to the owner following its realization or transfer in kind to the creditor.
According to the law, the acceptance and handover act is legally binding evidence that the requirements of the writ of execution have been fully met. Furthermore, the legislation stipulates that if the former owner attempts to break into the premises after the act has been signed, their action is classified as a criminal offense—unlawful entry into another's property. This legislative provision protects the creditor's factual possession against future infringement.
Step-by-Step Process
The property handover process begins immediately after the eviction operation is completed. The first step is a visual inspection of the building by the execution officer to ensure that no one and nothing is left inside, except for the integral parts of the real property itself. The second step is the dismantling of old locks and the installation of new ones (often by a locksmith brought in by the creditor).
The third step is drafting the acceptance and handover act on the spot. The act records the identities of the participating parties, the address, the property's condition, and the exact time. The fourth step is collecting the signatures on the act. The fifth and final step is the official handover of the keys to the creditor and the issuance of a ruling by the bureau terminating the enforcement proceedings, as the enforcement is considered fully executed.
Why Choose legal.ge
The moment of physically taking possession of real estate involves many hidden risks. If the property is damaged and this is not recorded in the act, or if third-party belongings are left inside, the creditor may face legal problems. That is exactly why the presence of a lawyer during this process is essential.
legal.ge is a platform that allows you to find highly qualified lawyers and attorneys with extensive experience in enforcement proceedings. Through our portal, you will connect with specialists who will personally attend the property handover process, verify the accuracy of the acceptance and handover act, and protect your interests in any unforeseen situation. legal.ge is not a law firm; it is your guide to the best professionals. Visit our site, select your preferred lawyer, and ensure the complete and secure handover of your property.
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