Ownership of Immovable Property

Real Estate and Property

Prepared by: Constantinople

Owning immovable property requires assessing the scope and limits of rights alongside the land register entry. Use, sale, construction and co-ownership issues raise different legal questions.

The Subject Matter of Ownership and Registration

The registration structure may differ for land, independent and permanent rights entered on separate pages, and independent units registered under condominium ownership. A registered share may not mean separate ownership of a particular room or corner of a plot. The property's legal identity must be established independently of actual use.

Powers and Limits

The owner exercises powers of use, enjoyment and disposal within the limits of the legal order. Mortgages, easements, family-home rules, neighbour law and planning regulations may impose restrictions from different sources. Apparently clear title does not mean every use is permitted. Public-law requirements and contractual obligations are also examined separately.

Protection of Rights and Disputes

The type of claim is determined if another person uses the property, the entry is incorrect or a third party asserts rights. Prevention of interference, proprietary recovery, rectification and monetary claims do not produce identical consequences. Relying solely on an ownership document without connecting actual circumstances to the register may not answer every question in the file.

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:

• Current title
• Cadastral and project records
• Limited rights in rem
• Documents showing actual use
• Relevant agreements

Why Do the Particular Circumstances Matter?

For example, long-term use of a particular section of co-owned land does not mean that section has separate title. The use agreement, share entry and possibility of partition are assessed separately. This distinction should be clarified before sale or construction.