Expertise
Real Estate Law
Real estate law covers property ownership, land-registry transactions, condominium law, dissolution of co-ownership, zoning, expropriation, construction agreements and property-related claims. Real estate files often carry high value, have long-term effects and directly concern ownership rights. Legal review and a sound litigation strategy are therefore important in purchases, transfers, inheritance transitions, construction agreements and expropriation.
Process: Due Diligence, Title and Expert Review
The most important step in property transactions is legal review before the transaction. Whether the registry carries encumbrances (attachment, mortgage, annotation, usufruct, family-home annotation, sale undertaking, injunction or zoning restriction), together with the zoning status, building permit, occupancy and condominium details, must be assessed.
In contracts and title transactions, the price, payment method, delivery date, penalty clause, liability for defects and encumbrances must be clearly regulated. At the litigation stage a site inspection and expert report are usually obtained; value, occupied area, zoning status or defective works are determined by expert review, and a timely objection to the report is important.
Title Cancellation, Sales and Sale Undertakings
Title cancellation and registration actions may be brought for fraud, mistake, simulation, incapacity, abuse of a power of attorney, defeating heirs (simulated transfer by the deceased) or unlawful transfer. Registry records, contracts, payment documents, powers of attorney and the parties’ relationship are examined carefully.
In sales, non-payment, failure to transfer title, defective delivery, missing area or an encumbered sale may cause disputes. Sale undertakings, which must be made in official form, are assessed for annotation and performance of obligations.
Co-ownership, Unlawful Use and Prevention of Interference
Where several people own a property and co-ownership cannot continue, an action for dissolution of co-ownership may be brought — frequent in inherited property — carried out by physical division or sale.
Compensation for unlawful use (ecrimisil) may be claimed from a person using the property without right. Where ownership is unlawfully interfered with, an action for prevention of interference is brought. Registry records, sketches, site inspection and actual use are important.
Condominium and Building/Estate Disputes
In building and estate management, disputes over dues, use of common areas, the management plan, owners’ assembly resolutions, use of independent sections and neighbour relations are common. The management plan, assembly resolutions, dues records and common-area arrangements are assessed.
Construction: Land-Share and Contractor Disputes
Construction-for-land-share agreements between landowner and contractor are high-value and technical; delivery time, allocation of units, defective/incomplete works, permits and penalty clauses may become disputes.
Where the contractor causes delay, incomplete or defective work, lack of occupancy permit or non-delivery of a unit, the contract, technical specification, project, permit, inspection and delivery records are assessed together.
Zoning and Expropriation
Zoning plans, building permits, occupancy, stop-work reports, demolition orders, administrative fines and subdivision directly affect a property’s value and use. Municipal records, zoning plans, council decisions and filing deadlines matter in zoning disputes.
Where a public body takes property for public service, expropriation raises the determination and increase of compensation and the lawfulness of the act. Where the administration interferes without a proper process, compensation for de facto expropriation may be claimed.
Other Disputes
Pre-emption rights, rights of way and easements, boundary disputes, correction of registry records (name, area, boundary) and the removal of mortgages, annotations and attachments are also frequent. Maps, cadastral records, site inspections and official documents are examined together.
Our Real Estate Services
Our main services in property litigation, advisory and contracts:
- Legal advisory and risk analysis in purchase-sale processes
- Title cancellation and registration actions; sale undertakings
- Dissolution of co-ownership, unlawful-use and interference-prevention actions
- Condominium, building and estate disputes
- Construction-for-land-share agreements and contractor disputes
- Zoning disputes; expropriation and de facto expropriation actions
- Simulated-transfer actions against defeating heirs
- Pre-emption, easement, boundary, registry-correction and encumbrance matters
This content is provided for general legal information only and does not constitute legal advice on any specific matter.
Frequently Asked Questions
Real Estate Law
Depending on the legal basis of your claim, remedies may include title cancellation and registration, pre-emption rights or compensation for unlawful use. Reviewing the registry records and supporting documents is the first step.
Where heirs cannot agree, an action for dissolution of co-ownership results either in physical division or sale of the property and distribution of the proceeds.
If the transfer was in reality a gift intended to defeat the heirs, a title cancellation and registration action for simulated transfer may be brought. The parties’ relationship, whether the price was paid and the date of transfer are assessed.
Do you need legal support in this area?
We can schedule a preliminary consultation to assess your situation.
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