Property Disputes
Legal services (legal assistance) for representing in court in cases of property rights
Property disputes are disputes arising from property legal relations (relations related to the emergence, change or termination of rights to property, as well as the use of property). Participants in property legal relations are both individuals and legal entities, as well as authorities.
The main legal act regulating property relations is the Civil Code of the Russian Federation. Also, property relations of certain types are regulated by the legislation on registration of rights to real estate, the Land Code of the Russian Federation, the Family Code of the Russian Federation, etc.
The procedure for resolving property disputes is very complex and requires knowledge not only of the current legislation, but also of law enforcement practice. Often the price of a claim in these disputes (especially when considering disputes in the field of real estate circulation) is very high, which significantly increases the legal risks for the parties to the dispute in the event of a negative court decision.
Types of property disputes
- Recognition of ownership.
- Division of property that is jointly owned.
- Recovery of funds.
- Division of hereditary property.
- Recovery of property from someone else's illegal possession.
- Removal of obstacles to the use of property.
- Compensation for damage to property.
- Challenging decisions and actions (inaction) of authorities on issues of ownership, use, disposal of state or municipal property.
- Other types of property disputes.
Legal representation on protection of property rights
A claim or other pre-trial procedure for resolving a dispute is mandatory in cases provided for by law or an agreement.
Disputes between persons engaged in entrepreneurial activity are subject to consideration by arbitration courts. Disputes between individuals, as well as between individuals and organizations that do not belong to the category of economic disputes, are subject to consideration by courts of general jurisdiction.
At the same time, disputes on appealing against decisions and actions (inaction) of the authorities are subject to consideration in a special procedure, which does not require compliance with the claim procedure, but it is necessary to submit to the court information about the decision, action (inaction) being appealed.
