Ownership Disputes & Horizontal Property

This page concerns disputes around the ownership or possession of a property, as well as the establishment and operation of horizontal property in condominiums. Ownership disputes are mainly decided in court, since they involve conflicting rights between parties.

Advisory / Drafting

Matters resolved through drafting or advisory work, without going to court.

Setting up horizontal/vertical property division and building regulations
Creating a real servitude, usufruct or right of habitation

Out-of-court

Matters resolved through an out-of-court or administrative process.

Out-of-court notarial partition and dissolution of co-ownership

Litigation

Matters that typically proceed before a court.

Rei vindicatio – action for recovery of ownership
Declaratory action establishing ownership
Negatory action against interference with ownership
Action and interim measures protecting possession
Establishing ownership by ordinary or extraordinary adverse possession
Judicial partition of jointly-owned property

What to expect

When there is an immediate risk (e.g. an imminent third-party interference with the property), temporary court protection through interim measures may be needed before the main case is heard.

A condominium regulation governs use of common areas and each unit's share of expenses — it's worth drafting carefully from the outset, since amending it later usually requires unanimous agreement.

What to bring to your first meeting

Title documents for the property (deeds, certificates of inheritance)
Cadastral sheet and diagram excerpt, if available
Any documents evidencing use/possession of the property over time
Contact details of the other parties involved

Discuss your situation

Book an appointment for an initial meeting, so we can discuss your specific case and the next steps.

Book an Appointment