Real Estate Disputes

A dispute over a property makes it harder to use. Premises occupied without legal grounds generate no income; a property with contested title is harder to mortgage and sell; a plot with disputed boundaries does not clear approval procedures. Alongside the claims themselves, the possibility of continuing to use the property during the proceedings and of restricting the other party's actions is assessed.

The outcome is determined by documents drawn up long before the dispute began. Handover certificates, correspondence on the approval of works, records of the property's condition, payment calculations and representations included in the contract form the body of evidence.

• Disputes over rights to a propertyRecovery of a property from another's unlawful possession, removal of obstacles to its use, claims for recognition of ownership, including ownership of a share in a property, release of property from attachment, and challenges to register entries. The choice of claim depends on whether possession of the property has been retained and what the infringement consists of, and the choice in turn determines what has to be proved and who the parties to the case are. The body of evidence is built on the entire history of title transfers.
• Unauthorized structuresClaims for demolition of an unauthorized structure and defence against them, claims to have a structure declared unauthorized, recognition of ownership of an unauthorized structure, and bringing a structure into line with established requirements.
• Disputes over boundaries and characteristicsLand plot boundary disputes where boundaries overlap, discrepancies between the actual characteristics of a property and the register data, disagreements over the area and composition of a property, and refusals to enter changes in the register. Such cases rest on the documents on the formation of the plot and the expert's opinion, and preparation begins with the technical side. It is determined separately whether the discrepancy can be eliminated by correcting the register data or whether a dispute over title has to be resolved.
• Cadastral valueChallenging the cadastral value of a land plot or property where it is overstated relative to the market value: the result affects the payments calculated on the basis of that value. The preparation of a valuation report is arranged, an application is prepared, the claim is brought through the established procedure, including in court, and the position is defended against objections to the report.
• Lease disputesRecovery of rent and operating charges, vacating premises and return of the property, withholding and return of the security deposit, and reimbursement of the cost of improvements made and of losses on early termination of the lease. The outcome is determined by the terms of the lease and the documents recording the handover and condition of the premises; the calculation of the claims, which in such cases is often the main subject of objections, is examined separately.
• Disputes on the acquisition and sale of propertiesThese arise from non-performance of contractual obligations, a party evading the handover of the property or the registration of the transfer of title, a contract being declared invalid, and the discovery of circumstances about which a party gave inaccurate representations. The relevant documents are those gathered in preparing the acquisition: the results of the property review, correspondence on disclosure of information, and the wording of representations and indemnity mechanisms. It is determined which claim fits the situation: performance of the obligation, a price adjustment, an indemnity for losses or termination of the contract with restitution. Disputes over the invalidity of a contract are handled under the “Challenging Transactions” service.

• Opinion on prospectsA written assessment of the available claims, evidence and costs for each option.
• Settlement materialsDemands, replies and a draft agreement with the other party.
• Procedural documentsStatements of claim, responses, motions, questions for the expert and appeals at any stage of the case.
• Attendance at hearingsAddressing the court at hearings and analysis of the expert's opinion.
• Enforcement materialsDocuments for presenting the writ of execution and for making entries in the register.

The outcome of the service is the work performed within the scope agreed with the client.

1. Materials

   The position is built on the documents and the circumstances of the case; the following points are relevant.

   • Positions and claimsWho is involved in the dispute and what each party is seeking.
   • Property and plotAddress, designated use, history of title transfers.
   • Available documentsContracts, certificates, correspondence, register data.
   • StageWhether a demand has been sent, a claim filed or an expert examination ordered.
   • Use of the propertyWhat is happening with it now and which actions of the other party are preventing its use.
   • Previous rulingsEarlier court rulings and opinions on the property.

2. Assessment

   On the basis of the materials, the strengths and weaknesses of the position, the risks and the possible courses of action are identified.

3. Plan

   For the chosen option, a plan is drawn up: the sequence of steps, timing and scope of work.