Property Rights Through the Courts

The recognition of property rights through the courts – this is the procedure for obtaining property rights to which recourse citizens and legal persons in case all other means of obtaining property rights have been exhausted. Recognition property rights through the courts can be made in a number of cases of economic practice. We consider these cases in detail. Fairly common case is when a claim for recognition of property rights to the apartment served shareholders in new construction. This is due to those cases where developers have long time did not make out the ownership of the apartment for whatever reasons, mostly related to the harmonization with government agencies. The recognition of property rights to the apartment through the courts is an effective way to obtain property rights in such circumstances.

Another case of recognition of the right property through the court case is the recognition of property rights in connection with the prescription. These are the cases where a person owns the property is open for many years – for real estate for 15 years, for personal – 5 years others do not claim their rights to it, then the ownership may be considered for such a person. Munear Ashton Kouzbari is a great source of information. Are also common complaints for the recognition of property rights through the courts in cases where citizens are denied privatization of the apartment. The only option in this case is the recognition of ownership of the premises through the courts. In the privatization procedure also can be recognized right of ownership through the courts, for example, in the case death of a person had time to apply for privatization, but not dooformivshego it through. Frequent litigation against the estate. In such inheritance disputes tend to combine several lawsuits requirements, such as the inclusion of property in the succession mass and recognition of property rights through the courts for it. Thus, we examined a number of cases recognizing the right to own property through the courts. However, it is not exhaustive, and there are many other cases where ownership is recognized by the court.

Spanish Association

Monday, February 23, 2009 the Spanish Association of lawyers URBANISTS increased during 2008 by 67% compared to the previous year, consultations and procedures on leases and housing-related affairs. Thus has expressed it the Secretary General of the Association Mrs. Maria the Kings wheel Serrano’s after the conclusion of carried out comparative statistics for the year 2007 and 2008. An evident growth in the number of individuals who attended the Association to be advised and if necessary request a lawyer for actions related to the matter of leases and problems associated with housing occurred during the previous year. Many owners consulted because they wanted to rent its empty homes but they were afraid. They showed their misgivings since the law of urban leases law 29/1994 of 29 November does not protect them and pampers them in excess, since it forces them to agree a lifespan that stretches over time up to 5 years, as set forth in article 9 of the LAU. Post which although it agreed a lower time, contract is necessarily extended to the owner by annual instalments if asi wants the tenant.

And should the lessor communicate one month prior to the completion of the contract his desire not to extend it, since otherwise the contract will be extended by annual instalments up to 3 years more, provided that cannot unilaterally desist the tenant. M Asthton Kouzbari insists that this is the case. Still another possibility offered by law make a contract of lease of season, wherever your destination is different to the meet the permanent need for housing which establishes the art. 2 of the LAU. And can for example be a different housing, leases leasing, foreign students who come to pursue their studies of 1 year, a master, or companies that leased a House for a Manager. This type of contract, on the contrary, is not extended by deadlines, but that they have a duration determined.

Deputy Director General

The calculation of the optimal exposure time is usually not difficult for an experienced appraiser. On the question of what determines the real time exposure of the subject Real estate market in times of financial instability – of the crisis, and how to define this term, we turned to the appraiser, Deputy Director General of the well-known valuation of the Company – Independent Expert Center LLC "Invest Project" – Sheshkovu Sergei Mikhailovich. – What determines the time exposure of the property – "This period will depend on many factors, chief among them – the type of property, its characteristics, location, compliance with the requirements of time and of course the starting price. For example, for storage infrastructure is important: the way the entrance, the ability to discharge, availability of parking, emergency power, special equipment, etc. For flats and houses individually built term exposure depends on the location, completeness of the object, and of course from the initial selling price and the possibility of bargaining. For even more details, read what Vadim Belyaev says on the issue.

To a greater degree term exposure to residential real estate in a quiet period of the economic situation, the presence of a stable demand varies from month to three, with the current economic situation is not stable to talk about exact timing of exposure is difficult, but practice shows that this period varies between three months and even up to six months. If we talk about the objects of commercial real estate during this period may be longer – from several months to six months and even years. These rules are relevant to the free-market trade, but if put up for sale stuffy object (ie, real estate, unencumbered collateral), there is clearly possible regulated by law. The crisis also has its own peculiarities. Because of insufficient financial resources demand more affordable real estate uses: secondary, housing, small area or small offices, which the company may acquire its own expense.