According to the civil code, the private property right in Romania includes in its contents the right of possession, use and disposition of an exclusive, absolute and perpetual good, within the limits established by law.
In the case of an immovable good, the private property right in Romania, in order to be acquired, must be registered in a public register in Romania (properties register), ensuring the opposability to third parties. The civil code provides for a number of rights and obligations regarding the private property right in Romania, in particular in the case of neighbourly relations in Romania, which will be detailed in this article. Pavel, Margarit and Associates Romanian Law Firm recommends contacting a lawyer specialized in the exercise of the private property right, bouandary disputes, lands and registration, easement on property/servitude, possession and civil litigation in Romania that can legally represent and assist you in disputes regarding neighbourly relations in Romania, so that the right of ownership is absolutely respected and any assumption in which a disturbance of possession may arise is removed.
Delimitation of property boundaries in Romania is an obligation imposed by the Romanian law, which consists in the reconstruction of the property boundaries in Romania and the fixing of the corresponding signs, the expenses being equally borne by the owners of the lands in the neighbourly relation in Romania. If the owners of the lands in the neighbourly relation in Romania do not agree on the establishment of the boundary lines, they can file a court action in order to determine the delimitation of property boundaries in Romania. This legal action aims to establish or reconstitute the boundary lines between the lands if it is not mentioned in the properties register in Romania or if the fixed signs are not accurate.
There are situations when one of the land owners in neighbourly relation in Romania takes the necessary steps regarding cadaster documentation exceeding the limit of the property right in Romania. In this case, the other owner can file an action for the recovery of possession as a legal instrument.
A lawyer specialized in the exercise of the private property right, boundary disputes, lands and registration, easement on property/servitude, possession and civil litigation in Romania can provide you with legal assistance and representation if you are in boundary disputes in Romania with a person with whom you have a neighbourly relation, so that the property right in Romania is respected.
According to the civil code, servitude in Romania is the task that charges an immovable good for the use or usefulness of another owner. The servitude in Romania may be constituted on the basis of a legal act or by usucapion, with the provisions on properties register remaining applicable. In order to be able to establish an easement on property in Romania, it is necessary to have 2 neighboring lands, respectively, a dominant tenement (in favour of which a servitude was established) and a servient tenement (on which a servitude is encumbered). If the owner without access to the public way cannot exercise the easement right in Romania, he may file an action in court in order to establish a servitude right in Romania.
In certain cases where the property right in Romania is not respected, the act may even have a criminal nature, namely the offense of disturbance of possession. The displacement of border signs can be considered as a disturbance of possession offence.
In conclusion, conflicts may arise in the neighbourly relations in Romania regarding the limits of the property right in Romania or the obligations imposed by law (delimitation of property boundaries in Romania, servitude right in Romania). For this reason, you can contact one of our lawyers specialized in the exercise of the private property right, boundary disputes, lands and registration, easement on property/servitude, possession and civil litigation in Romania through the contact form on our website https://www.avocatpavel.com/.