From the perspective of forms of ownership, it is divided into public or private property. Private property is the right of the owner to possess, use, dispose and the right of control of a real property in Romania exclusively, absolutely, and continuously, within the conditions of the real estate law, which may impose limitations on the attributes of property rights in Romania. For example, disputes over property rights may arise when there are uncertainties about who is entitled to exercise the property right for a specific movable or immovable asset, or when the issue of violating private property arises, necessitating the imposition of sanctions for violating the right of private property. Therefore, The Romanian Law Firm Pavel Mărgărit and Associates recommends contacting a land dispute lawyer in Romania, both to prevent the occurrence of a property dispute in Romania and in the process of analyzing rights, interpreting relevant documents, collecting evidence, and ensuring representation in court for obtaining a favorable solution in a real property dispute.
It is essential to distinguish between the right of ownership and the right of possession. The distinction, key to understanding property law, lies in the legal content of the right, including the attributes of property rights among with possession. Notably, possession represents a factual state involving control over the asset. However, the possessor is not necessarily the owner, they lack ownership rights but hold the asset as if they were the owner. Within the real estate law in Romania, there are prerogatives of the right of ownership, including the right of possession, the right of use, and the right of control or disposal. The latter involves the owner’s prerogative to decide both materially and legally the fate of the asset. In other words, according to land law. the owner can exercise this prerogative by transferring the ownership right to a third party or, alternatively, the owner can transfer to a third party the right of possession or the right of access to the property.
The Romanian Law Firm Pavel Mărgărit and Associates invites you to confidently contact a land dispute lawyer in Romania to assist you in real property disputes, violations of property rights, and disputes regarding the right of possession by completing the contact form at the address https://avocatpavel.ro/contact/.
Ownership rights can be acquired through agreement, legal or testamentary inheritance, accession, acquisitive prescription, as a result of good-faith possession in the case of movable goods and fruits, by occupation, tradition, as well as by court decision when it is transitive of ownership in itself. However, the property law and land law regulates the limits of the right of ownership, representing a way to limit the absolute exercise of the right of ownership in a manner that reconciles the private interest of the owner with the general interest or the interests of other individuals. For these reasons, causes of disputes in this field can vary, ranging from the violation of private property due to the existence of material errors in issued property titles, defects in the execution of a succession, disputes between neighbors regarding boundaries and limits of property rights, non-fulfillment of obligations arising from the sales contract, and up to the non-compliance with the requirements established in construction or renovation works of properties. A land dispute lawyer in Romania can assist you both in identifying a solution to conflicts that have arisen and in legal representation in real property disputes, disputes related to the transfer of ownership rights, or the violation of property law in order to protect the interests of the party and achieve a favorable resolution according to real estate law.
Pavel, Margarit and Associates Law Firm is one of the top law firms in Romania, providing high-quality legal services. The firm’s clients include multinational and domestic companies of great magnitude. In 2023, the law firm’s success stories brought it international recognition from the most prestigious international guides and publications in the field. As a result, Pavel, Margarit and Associates Law Firm ranked 3rd in Romania in the Legal 500’s ranking of business law firms with the most relevant expertise. The law firm is internationally recognized by the IFLR 1000 Financial and Corporate 2023 guide. Additionally, Pavel, Margarit and Associates Law Firm is the only law firm in Romania recommended by the international director of Global Law Experts in London in the Dispute Resolution practice area. All relevant information about Pavel, Margarit and Associates Law Firm can be found on the website www.avocatpavel.com.