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/.
Don’t navigate these challenges alone. Contact Us today for expert assistance tailored to your needs.
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.
Articles from the practice area
Legal assistance in litigation and enforcement procedures in Romania According to the Civil Procedure Code, persons interested or harmed by the forced execution procedure in Romania may file an appeal against an enforcement notice in Romania, against the minutes of the proceedings concluded by the bailiff, challenge against enforcement in Romania as well as in […]
The Romanian legislation establishes a series of conditions regarding the conclusion of sales agreements in Romania. The Romanian Civil Code requires a certain form of conclusion of the sales agreement in Romania depending on the nature of the good whose property is transmitted. The law confers the title of agreement under private signature in Romania […]
The Romanian legislation provides a series of rules and obligations on the Romanian administrator regarding the conduct of his activity. According to the legislation in force, in Romania, the directors (called administrators in Romania) are personally responsible and liable for the damages caused. On the other hand, the administrator will be personally and jointly and […]
In the business field, the emergence of a dispute in Romania can represent a significant challenge as it affects the Romanian company’s reputation, its financial resources and time. Therefore, it is essential for companies in Romania to focus on preventing litigation in Romania rather than dealing with them later, which is why a lawyer specialized […]
Being a common financial payment instrument in the relations between professionals, promissory notes in Romania play an important role in discharging from the contractual obligation arising from the contract concluded between the two parties, with the purpose of guaranteeing the payment obligations in Romania. The biggest advantage of the promissory note in Romania is the […]
In the last few years in Romania, there have been various external events such as the Covid-19 pandemic, the war in Ukraine or the Suez Canal crisis, which have determined various economic imbalances which have led to the non-fulfillment of the contractual obligations due to the hardship, force majeure or unforeseeable circumstances, in Romania. In […]
Given the fact that in practice various errors may occur when drafting the civil status documents, Pavel, Margarit and Associates Romanian Law Firm recommends contacting a specialized lawyer in Litigation, Dispute resolution and Family law in Romania who can advise you on the legal means that one may employ with the aim of obtaining the […]
The agreement signed between the parties creates rights and obligations, producing effects for the established period of time. In general, the contractual obligations assumed by a contractual partner are settled by their voluntary performance, i.e. by the remission of a sum of money or by the performance of the object of the obligation. However, there […]
Any person who is in a situation where a final judgment ruled in Romania prejudices his interests may appeal against the final judgment, following the procedure before the European Court of Human Rights. The Romanian Law firm Pavel, Margarit & Associates recommends addressing to a lawyer specialized in litigation and human rights legislation to guide […]
The appeal against enforcement is a way to obtain the annulment of any measure of forced execution by the interested party by forced execution. After the initiation of forced execution, the interested parties may request by means of appeal against enforcement the annulment of the hearing report by which the application for a declaration of […]
Signing an agreement in Romania creates rights and obligations between the parties for a particular period of time. Thus, by starting a litigation matter in Romania, one person may claim the obligation of the other party to respect the violated right or to perform the assumed obligation, and if it is no longer possible, to […]
The annulment of an illegally issued title deed in Romania may be requested by any person justifying an interest. If title deed was issued on the name of another person this could be subject of annulment in Romania. Court will settle the property right over the land in Romania according with the documents submitted.. In […]