{"id":6926,"date":"2026-04-14T06:53:04","date_gmt":"2026-04-14T06:53:04","guid":{"rendered":"https:\/\/avocatbucuresti.ro\/?p=6926"},"modified":"2026-10-31T12:15:15","modified_gmt":"2026-10-31T12:15:15","slug":"who-is-the-real-owner-when-the-documents-do-not-clarify-everything","status":"publish","type":"post","link":"https:\/\/avocatbucuresti.ro\/en\/cine-este-adevaratul-proprietar-atunci-cand-actele-nu-clarifica-totul\/","title":{"rendered":"Right of ownership over a property: documents, land registry and evidence"},"content":{"rendered":"

A land title extract is an important reference when verifying ownership of a property. In a dispute, however, the document that justifies the registration, the history of transfers, the identification of the property, and the rules applicable at the time of acquisition must also be analyzed. A mention in the register alone does not answer all the questions about the validity of the title or about rights acquired previously.<\/p>\n

Which documents do you check first?<\/h2>\n

Request an extract of the current land registry and, when the history is relevant, verify the previous entries. Compare the property\u2019s identification with the deeds and cadastral documentation: the cadastral number, the area, the location and the surrounding areas. Then analyze the act of acquisition \u2014 for example, the contract, the certificate of succession or the court decision \u2014 and the previous documents in the chain of ownership.<\/p>\n

For immovable properties registered in the land register, Art. 565 of the Civil Code<\/a> It provides proof of ownership through the land registry extract. In a title dispute, it also verifies the documents that justified the entries, as well as the consistency between the data in the documents and the specific property.<\/p>\n

Does registration always have a constitutive effect?<\/h2>\n

The same effect should not be assumed in every situation. Article 885 of the Civil Code regulates the acquisition of real rights through registration, and Article 56 of the Law no. 71\/2011<\/a> It conditions the application of the constituent effect of completing the cadastral works and the opening of the land registry books for the administrative-territorial unit. Until these conditions are met, the registration of acquired rights validly has, according to the transitional rule, the role of opposability to third parties. Check the cadastral status and the date of the deed for the specific property.<\/p>\n

The Civil Code also provides for situations in which property is acquired without registration, such as inheritance, natural accession, forced sale, or expropriation (art. 887), subject to applicable rules. Therefore, the fact that the right does not yet appear registered does not by itself clarify who is the owner and what steps are necessary for registration.<\/p>\n

How are two property titles compared?<\/h2>\n

Depending on the request made and the parties\u2019 defenses, the origin and validity of each title, the continuity of the transmissions, the chronology of the registrations and the exact identification of the land or construction can be taken into account. The more recent date of an act or the mere possession of a document do not resolve the dispute alone. If the holder also requests the restitution of the property from the person who holds it without justification, it may be relevant. the action for real estate claim<\/a>; The choice of applications depends on the specific situation.<\/p>\n

When can the rectification of the land registry book be requested?<\/h2>\n

The rectification aims to correct the entry to bring it into line with the actual legal situation, under the conditions of Articles 907\u2013908 of the Civil Code. Depending on the reason, recognition of the registered holder may be necessary, as well as a substantive action and a final judicial decision. The persons summoned to court and the necessary claims are determined based on the affected acts and rights.<\/p>\n

Can possession lead to the acquisition of property?<\/h2>\n

In certain circumstances, possession can lead to adverse possession, but ownership is not automatically acquired through the passage of time or through the payment of taxes. The regime depends on the moment of the beginning of possession, existing registrations, and transitional rules. The Civil Code regulates extra-legal and tabular possession at Articles 930\u2013931; situations initiated under the previous law may be subject to different rules. evidence of possession, duration, and identification of the property are required.<\/p>\n

What evidence can help?<\/h2>\n