Land registry and real estate law
Disputes arising from the acquisition, transfer and use of real estate: actions concerning land registry entries, disputes between co-owners, and real estate sale contracts.
Ownership of real estate rests on the land registry; the sale and transfer of real estate are carried out in the prescribed form at the land registry office. Sale promise contracts drawn up before a notary can be annotated in the land registry. If there is an erroneous registration or an unlawful entry in the title record, cancellation and re-registration of the title can be sought from the court.
Matters handled in this field
- Actions for cancellation and registration of title deeds
- Cancellation of title deeds due to sham transactions and unlawful registration
- Actions for dissolution of co-ownership (partition)
- Real estate sale promise contracts and actions concerning transfer of title
- Condominium ownership and condominium easement disputes
- Ecrimisil (compensation for unlawful occupation) actions
- Actions to prevent interference and trespass
- Preparing real estate sale contracts and reviewing land registry records
How does the process work?
- Reviewing the land registry recordThe title record, annotations and mortgages, and the contract and payment documents are reviewed.
- Determining the legal routeIt is assessed which route is suitable: registration, cancellation, dissolution of co-ownership or compensation; an interim injunction is sought if necessary.
- Lawsuit and site inspectionThe lawsuit is filed before the competent court; the site inspection and expert examination are followed.
- Judgment and registrationThe final judgment is submitted to the land registry office and the registration is followed up.
Frequently asked questions
Real estate carrying such entries can be sold, but the buyer takes over the entries. For this reason, the current land registry record should be reviewed before the sale.
Any co-owner can file an action for dissolution of co-ownership. The court orders division in kind or, if that is not possible, sale and division of the proceeds.
No. Ownership passes by registration in the land registry. If the contract is drawn up before a notary and annotated in the land registry, the buyer’s right is also protected against those who later acquire the property.
The information on this page is general in nature; each specific case is assessed on its own facts.