Recovery of real property

Legal defence in an action for recovery of real property

Action for the recovery of immovable property is the main legal remedy by which an owner who is not in possession asks the court to order a possessor who is not the owner to return the real property. Governed principally by Article 563 of the Civil Code, this action protects private ownership and is an action in rem concerning title which is generally not subject to a limitation period. In the proceedings, the claimant bears the burden of proving ownership; comparison of titles becomes central when both parties claim rights over the same land or buildings. The involvement of a lawyer specialising in civil law is crucial to correctly assessing the titles, determining property boundaries and raising any procedural objections.

Admissibility, evidence and defence strategies

The central element in managing this litigation is analysing the validity of the parties’ titles and checking how the property was acquired. The legal strategy may focus on comparison of property titles – examining which derives from an established predecessor in title or has the earlier date entered in the land register. Where the defendant holds no written title, the defence will focus on invoking adverse possession (acquisitive prescription) as a means of acquiring ownership through qualifying, uninterrupted possession, or on proving the claimant’s bad faith. An effective line of defence may also include asserting a right of retention for investments and improvements made to the property, until the claimant reimburses the necessary and useful expenditure.

Legal assistance and representation in Romania

Real-property litigation and overlapping land boundaries can rapidly escalate into complex disputes that jeopardise your rights over the properties you hold. Basuc Cosmin Law Office offers comprehensive legal assistance, whether you are a claimant seeking to recover your property or a defendant defending possession. We assist you during the preliminary cadastral expert-assessment stage in Romania, prepare the appropriate claims or statements of defence and provide rigorous representation before competent district courts and the competent tribunals, working to protect your assets and obtain the most favourable lawful outcome.