Superficies rights lawyer in Bucharest
Are the building and the land owned by different people, or is there a dispute about use of the land? We review the superficies right, the documents establishing it, land registry entries and the conditions for its termination.
Description
Superficies rights lawyer in Bucharest
Are the building and the land owned by different people, or is there a dispute about use of the land? We review the superficies right, the documents establishing it, land registry entries and the conditions for its termination.
Construction on someone else's land
Superficies is the right to own or erect a building on another person’s land, together with use of the land under the terms of the right established. It is distinct from ownership of the land and from mere permission to build. We check the titles, the dates of the documents and the land registry position.
What needs to be determined before signing
- Identification of the land, the construction and the owners.
- The basis of constitution and extent of use.
- Duration, consideration and obligations of the parties.
- Conditions for transfer and any encumbrances.
- The effects of the cessation on construction and registrations.
Assistance in contracts and litigation
We analyze the draft act, the clauses regarding use and access, payments, and obligations related to construction. For registration, we verify the applicable documents and formalities, in coordination with the notary or cadastral specialists. If the right is contested, we prepare the applications and defenses based on titles and evidence.
Termination of the superficies right
Expiry of the term, consolidation of rights and other statutory or contractual grounds require an assessment of their specific effects. Do not assume that the land and building become the property of the same person without financial consequences. We review the clauses, any compensation and the position of third parties.
Required documents
The property deeds of the land and building, the contracts, the land registry extract and the cadastral documentation. Useful are the permits and building documents, the notifications, proof of payments and previous decisions. Specify whether the issue concerns the creation of a new right, the registration of an existing one, or the termination of an existing one.
Frequently asked questions
How long can a superficies right last?
For rights established under the current Civil Code, Article 694 allows a term of up to 99 years and renewal when that term expires. The actual term must be checked in the document establishing the right and any subsequent documents. For the consultation, bring any renewal documents and a land registry extract. For rights established before the current Civil Code entered into force, we assess the applicable law separately.
Does every building on another person’s land imply a superficies right?
No. We establish the legal basis and review the relevant documents; separate issues concerning accession or use of the land may arise.
Can I sell the land and the construction separately without inspections?
The titles, the existing right and the applicable clauses must be reviewed.
Can the lawyer guarantee the registration in the land registry?
No. We are preparing and verifying the legal procedure, and the solution depends on the documents and the applicable procedure.
Request the analysis of the documents
Lawyer Constantin Andor has been a member of the bar since 2000 and has operated his law office since 2007. Services and fees are agreed in a legal assistance contract after the objective and documents have been clarified. The law office works with lawyers and experts according to the needs of the case. We do not guarantee a particular outcome or duration.
Call: 0732.710.701 · Contact us on WhatsApp · Contact form. Mention any approaching deadline. Confidential documents should be sent using the method agreed with the law office.
