Action for annulment of a title deed in Romania
Civil lawyer in Romania. Annulment of a title deed in Romania
The action for annulment of a title deed in Romania occurs when it is found that there is a property deed in Romania issued illegally, erroneously, or fraudulently in the name of a person who is not entitled to the reconstitution of the property right. The basis for initiating an action in the nullity of title deed in Romania is Law No. 18/1991 on the land fund in Romania, as well as Law No. 169/1997 for amending and supplementing the land fund in Romania, which regulates the reconstitution and establishment of the property deed in Romania. The notion of land fund in Romania includes land of any kind located on the territory of Romania, regardless of the purpose for which they are used, whether they are part of the public domain or the private domain, or on the basis of which the property documents in Romania are held.The Romanian law firm Pavel Mărgărit and Associates recommends consulting a civil litigation lawyer in Romania for drafting the lawsuit petition aiming at the cancellation of title deed in Romania, assisting or representing the client’s interests both before the competent court to resolve the case and before the public authorities responsible for fulfilling the publicity formalities.
Civil litigation lawyer in Romania. Who can bring an action for nullity of title deed in Romania?
To demonstrate the status of a landholder, the holder must have a property deed in Romania or another real right, or must qualify as a possessor or precarious holder. In cases where it is found that a property deed in Romania was issued without complying with legal provisions, interested persons have the option to file an action for the nullity of title deed in Romania, specifically for the annulment of a title deed in Romania. Therefore, individuals who can request the court to declare that a the property deed issued over the land in Romania is affected by absolute nullity in Romania include the mayor, who is also the chairman of the local land fund in Romania commission, the prefect, the prosecutor, the National Authority for Property Restitution, or any other person with a legitimate interest in this regard. The request must be filed with the court within whose jurisdiction the land is located, as jurisdiction for such disputes lies with the courts of general jurisdiction.
However, the active legal standing may not be recognized by the court, depending on the category of legal subjects to which the plaintiff belongs and the conditions that must be met. For example, in the case of an action for the nullity of title deed in Romania initiated by a mayor, it is not necessary to have a request for the reconstitution of the property right, as it is presumed. The same applies to the prefect and the National Authority for Property Restitution, who have specific responsibilities in identifying issues concerning any property deed in Romania issued illegally or related to a land fund in Romania.
On the other hand, the same does not apply to other individuals who have a legitimate interest in promoting an action for the absolute nullity in Romania of the property deed issued over the land in Romania, as they are required to submit a request for the reconstitution of the property right.
The Romanian law firm Pavel Mărgărit and Associates invites you to consult a real estate lawyer in Romania to explain each step and the available options depending on your situation. Additionally, the assistance of an experienced civil litigation lawyer in Romania is crucial for obtaining and presenting relevant evidence before the court, such as the property documents in Romania, cadastral documents, or technical expertise.
Real estate lawyer in Romania. Grounds on which an action for annulment of a title deed in Romania can be brought
Law 169/1997 indicates several situations in which a property deed in Romania is affected by absolute nullity in Romania, including: the acts of reconstitution or constitution of property rights in favor of individuals who are not entitled, the acts of constitution of property rights on agricultural lands that belong to the public or private domain of the state, communes, towns, or municipalities; the acts of reconstitution or constitution of property rights in the intravillan of localities or on lands claimed by former owners and others.
In such situations where the property deed in Romania has been issued to individuals who did not own land or to individuals who did not hand over the land to agricultural cooperatives, consulting a civil lawyer in Romania is essential for restoring property rights. A civil lawyer in Romania will analyze the property documents in Romania and the legal situation of the land to ensure that there are no irregularities that could prevent the initiation of an action for the annulment of a title deed in Romania. A real estate lawyer in Romania will not only provide you with advice in this regard but can also assist with drafting the action, preparing the lawsuit petition, filing the request with the competent court, and representing your interests before the court.
The Romanian Law Firm Pavel, Margarit and Associates provides legal advice and legal assistance services in civil law, especially regarding assistance in annulment of a title deed in Romania. A real estate lawyer in Romania can support you in initiating an action for annulment of a title deed in Romania, having great experience in dispute resolution. In order to benefit from our professional support and for litigation lawyer advice, we invite you to fill in the contact form available on our website https://avocatpavel.com/contact/.
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Lawyer for the property deed issued over the land in Romania. Effects of nullity of title deed in Romania
As a result of a situation where the court admits an action for the nullity of title deed in Romania and issues a judicial decision, the property deed in Romania issued in the name of another person illegally will be canceled, and the property rights will be recognized for the rightful owner. Equally important is the enforcement of the court’s decision by registering the cancellation of title deed in Romaniawith the Office of Cadaster and Real Estate Publicity (OCPI). For this reason, legal assistance from a real estate lawyer in Romania is recommended, as they have the competence to represent you before public authorities to ensure that all formalities are fulfilled and that the procedure is as quick and efficient as possible.
The Romanian law firm Pavel Mărgărit and Associates provides legal services at a high professional standard in various practice areas, including those related to the annulment of a title deed in Romania. Our team demonstrates a comprehensive understanding of the regulations concerning the land fund in Romania, offering clear and effective legal solutions to all clients who have sought the services of a real estate lawyer in Romania.
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