Loss of Immovable Property Ownership

Real Estate and Property

Prepared by: Constantinople

Termination of ownership of immovable property or its passing to another person requires examination of the register and legal basis together. Not using the property is not the same as losing ownership.

Distinguishing Transfer and Termination

In a sale, one person's ownership ends while another acquires the right. Cancellation or complete destruction of the property are different situations. The moment ownership passes in expropriation is determined by special legislation. Inability to physically enter an area or its use by a neighbour does not automatically extinguish registered ownership.

The Basis for Loss of the Entry

If a transaction occurred without your consent, the official deed, representation document and chain of transfers are investigated. If ownership was lost through a court decision or forced sale, the relevant file and remedies are examined. Cancellation of ownership registration differs from cancellation of an annotation or mortgage. Which right ended, through which transaction and on which date must be clarified.

Recovery or Compensation

A registration or rectification claim may be available against a changed entry, while monetary claims may arise depending on the circumstances. Protection of subsequent acquisitions and special time limits are assessed separately. Protection against loss of actual use differs from an action seeking to regain ownership.

Documents to Prepare for an Initial Review

Send each document in its entirety as held by you, rather than only its first page or a screenshot. We determine, according to the file, what authority is needed to obtain missing official records. The following records are helpful at the outset:

• Previous and current entries
• Transfer or cancellation document
• Decisions and certificates of finality
• Forced-sale or expropriation file
• Notifications

Why Do the Particular Circumstances Matter?

For example, if someone else fences off the property, the initial question is not only whose name appears in the title; the nature of the interference must also be identified. If the entry has passed to someone else, a different claim is prepared by examining the chain of transactions.