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How to obtain the retroactive annulment of title deed issued illegally in Romania?
The annulment of an illegally issued title deed in Romania may be requested by any person justifying an interest. If title deed was issued on the name of another person this could be subject of annulment in Romania. Court will settle the property right over the land in Romania according with the documents submitted.
In order to carry out the proceedings regarding the annulment of an illegally issued title deed in Romania, Pavel, Margarit and Associates Romanian Law Firm recommends to hire a lawyer specialized in civil litigation in Romania to obtain the annulment of the property deed in Romania.
The plaintiff of an action for annulment of a title deed in Romania issued in violation of the provisions of the Romanian Law no. 18/1991 may be any person who justifies a legitimate interest.
According to the provisions of Article III of Law no. 169/1997:
In order to establish the annulment of a property deed in Romania, the court verify the fulfillment of each condition imposed by the legal provisions previously presented. The annulment of the title of deed in Romania can be claimed by any person interested in the land area included in the title deed illegally issued in Romania and can be made at any time, even after a certain period of time.
Regarding the jurisprudence in Romania in the field of the annulment of the title deed in Romania, it is noted that most common reason for which the applications were admitted for annulment of the property deed in Romania issued under Romanian Law no. 18/1991, republished, it constituted the lack of application for the restoration of the right of property in Romania, a situation that is circumscribed by art. III paragraph (1) letter a) of Romanian Law no. 169/1997, which provides that the documents for the restoration of the right of property in Romania in favor of persons who were not entitled, according to the law, to such reconstructions.
It is necessary to hire to a lawyer specialized in civil litigation in Romania to obtain an annulment of a title deed in front of the court in Romania.
Also, in the absence of a request for the restoration of the right of property in Romania, many Romanian courts have held that the applicants cannot be subject to special proceedings, with the object of the application for absolute cancellation of the property title in Romania, stating that, only the person who followed the procedure the restitution established by Romanian law has interest and has an active procedural capacity to invoke the annulment of a property deed in Romania that would have been issued to a person unjustified, and, as a consequence, the action of annulment was rejected for this reason in Romania (Civil judgment no. 275/R of 2004 of the Pitesti Court of Appeal).
As we have previously submitted, the annulment of the title deed in Romania may be required in several cases, e.g. when the title of property has been issued in Romania to persons who have not owned land in Romania, or to persons who have not handed the land over to agricultural cooperatives in Romania, all these situations expressly regulated by the Romanian legal provisions may form the basis of a trial opened before the court.
In order to carry out the proceedings regarding the annulment of an illegally issued property deed in Romania, the Law firm Pavel, Margarit and Associates recommends to hire a lawyer specialized in civil law and property law in Romania, who should analyze both the conditions under which a property title was issued, as well as the applicable legal provisions for the purpose of identifying the situations in which the title deed can be annulled in Romania.
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