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The law gives the entitled person the possibility to request the registration of the property right over a property in the Land Register, regardless of whether he is the owner or the creditor of a claim against the owner of the property. If the Office of Cadastre and Real Estate Publicity issues a decision rejecting the application for registration, the interested person can file a request for re-examination against the rejection decision. Thus, a complaint against the refusal to register the property right against OCPI can be promoted. A lawyer specialized in litigation, real estate law and cadastre & town planningcan offer advice on the possibilities of challenging the decisions issued by the Office of Cadastre and Real Estate Advertising in such cases, as well as assistance and legal representation before the court of law if the request for review against the rejection decision is also rejected.
According to the law, the owner of a building can request the entry of his ownership right over the building in the Land Registry.
The creditor of a claim against the owner of the property has the same right when the debtor-owner does not request the registration of his property right due to negligence or in bad faith, prejudicing the creditor.
In case of the refusal to register the property right on the property, the applicant can submit a request for re-examination against the decision of rejection ordered by the Office of Cadastre and Real Estate Advertising.
Thus, a complaint against the refusal to register the property right against OCPI can be promoted.
The Pavel, Mărgărit și Asociații Law Society recommends contacting a lawyer specialized in litigation, real estate law and cadastre & urban planning who can advise you on the procedure to follow in the case of registering the right of ownership in the land register of a building and on the possibilities of attacking the conclusion issued by the Office of Cadastre and Real Estate Advertising in the event of a refusal.
The complaint against the conclusion of the land deed, through which the refusal to register the ownership right was found, is sent to the competent court within the area of the building.
If the request for re-examination against the rejection decision is also rejected, the interested person or the notary public can file a complaint against it within 15 days from the notification.
Therefore, through this complaint, the court can be requested to order the admission of the request for re-examination against the decision of rejection issued by the OCPI and implicitly the admission of the request for tabulation of the property right over the building.
The Pavel, Mărgărit și Asociații Law Firm recommends contacting a lawyer specialized in litigation, real estate law and cadastre & urban planning who can advise you on the possibilities of challenging the decisions issued by the Cadastre and Real Estate Advertising Office, as well as provide assistance and legal representation before the court if the request for reconsideration against the order of rejection is denied.