Real Estate
For years we have been meeting the expectations of our clients in terms of legal assistance related to real estate. Being aware of their needs, we constantly cooperate with real estate appraisers, managers, administrators and real estate agents. As a result, we provide a wide range of services. We examine the legal status of the real estate, if necessary regularising it, in particular in the process of reconciliation of the contents of the land and mortgage register with the actual legal status. We prepare and give an opinion on agreements concerning real estate. We pursue claims arising therefrom, as well as the so-called supplementary claims (including for non-contractual use of real estate). We effectively conduct eviction cases, ensuring that the premises are vacated as soon as possible. We have repeatedly represented our clients in cases involving the dissolution of co-ownership of real estate, including multi-tenant tenements. We have extensive experience in cases of acquisitive prescription, enfranchisement and demarcation.
The scope of the Firm's services relating to real estate includes, in particular:
MATTERS OF DISSOLUTION OF CO-OWNERSHIP
Cases concerning the dissolution of co-ownership usually involve real estate, although they may also involve movable property (e.g. cars). In the course of such cases, we help to bring about the dissolution of co-ownership in a manner that is as favourable to the client as possible, either by physical division or by awarding the property to one of the co-owners with the obligation to repay the remaining co-owners (with due security). In the case of undeveloped real estate, we analyse in particular (in cooperation with an expert surveyor) the optimal method of division (including the possible establishment of easements). In the case of developed real estate, we analyse in particular the possibility of separating out separately owned premises. In the course of cases involving the dissolution of co-ownership, we also pursue so-called supplementary claims, i.e. claims for the settlement of outlays or claims relating to the possession of the real property by one co-owner in a manner that excludes co-ownership by the others.
SUCCESSION CASES
Cases of acquisitive possession involve both developed and undeveloped real estate, as well as an interest in real estate. Before initiating a case, we analyse whether the possession is spontaneous and its duration, taking into account the possibility (or impossibility) of adding the period of possession by the previous holder.
MATTERS CONCERNING RECONCILIATION OF THE CONTENT OF THE LAND AND MORTGAGE REGISTER WITH THE ACTUAL LEGAL STATUS
One of the ways to regulate the legal status of real estate is to file a suit to reconcile the content of the land and mortgage register with the actual legal status. Such proceedings are necessary, inter alia, in a situation where the land and mortgage register court refuses to make an entry in the land and mortgage register (or to delete it). A favourable judgment in a case for reconciliation of the content of the land and mortgage register with the actual legal state constitutes the basis for entry in the land and mortgage register. Such proceedings are initiated, inter alia, in a situation where one of the spouses has purchased (with funds constituting the joint property) a real estate exclusively for his or her own name (without the other spouse), and it is not advisable (or possible) to initiate a case for division of the joint property.
EVICTION CASES
Legal aid in eviction cases already includes the stage of termination of the contract from which the person's legal title to live on the property derives. Successful termination of such a contract is necessary for the validity of an action to vacate and vacate the premises. Eviction cases are often connected with cases for payment of compensation for non-contractual use of the property (premises) by the former tenant (occupier). The law firm has extensive experience in this area as well.
LEGAL SERVICES FOR HOUSING COMMUNITIES
Legal services for Housing Associations include current opinions on disputes concerning the common property or individual members of the Housing Association. We draw up and provide opinions on draft resolutions of Housing Associations and represent Housing Associations in Court (in cases for revocation of resolutions, in cases for payment, in cases concerning common property, such as cases concerning aerials or air-conditioning units).
