What remedies are available against the decisions issued by the Agencies for Cadastre and Land Registration of Romania?

Deniza Cristian 28/10/2022 | 14:22

Romanian Law provides each entitled person the possibility to request the registration of the property right over a property in the Land Register in Romania, regardless of whether she/he is the owner of the property in Romania or the creditor of a claim against the owner of the property in Romania.

 

If the Agency for Cadastre and Land Registration in Romania rejects the application for registration, the interested person may file a request for the reexamination against the refusal to register the property right / ownership right in Romania. Thus, a complaint against the refusal to register the property right against OCPI may be submitted. A specialized lawyer in dispute resolution, litigation, real estate law, cadastre and land registration in Romania can provide advice on the possibilities of challenging the decisions issued by the Agency for Cadastre and Land Registration in Romania in such cases, as well as assistance and legal representation before the court of law in Romania if the request for review against the rejection decision in Romania is also dismissed by the Agency for Cadastre and Land Registration in Romania.

According to Romanian law, the owner of a property in Romania can request the registration of his/her property right / ownership right over the property in the Land Register in Romania.

The creditor of a claim against the owner of the property in Romania has the same right if the debtor and owner of the property does not request the registration of her/his property right/ ownership right as a result of negligence or in bad faith to the detriment of the creditor.

In case of the refusal of OCPI to register the property right over the property in Romania, the applicant can submit a request for the reexamination of the refusal of the Agency for Cadastre and Land Registration in Romania.

Thus, a complaint against the refusal to register the property right against OCPI may be submitted.

Pavel, Margarit & Associates Romanian Law Firm recommends contacting a specialized lawyer in dispute resolution, litigation, real estate law, cadastre and land registration in Romania who can advise you on the applicable procedure in the case of registration of the ownership right of the property in the Land Register in Romania and on the possibilities of challenging the decision issued by the Agency for Cadastre and Land Registration in Romania in the event of a refusal.

The complaint against the refusal of the Agency for Cadastre and Land Registration to register the property right / ownership right in Romania shall be submitted with the competent court where the property is located.

If the request for appeal / reexamination against the refusal of OCPI to register the property right / ownership right in Romania is also dismissed, the interested person or the notary public may file a complaint within 15 days from the communication of the latter decision of the Agency for Cadastre and Land Registration in Romania.

Therefore, by means of the above-mentioned complaint, the plaintiff may request to the court to order the admission of the application for reexamination against the dismissal of the Agency for Cadastre and Land Registration in Romania and implicitly the admission of the request for the registration of the property right / ownership right the Land Register in Romania.

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Deniza Cristian | 26/10/2022 | 17:53

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