Judicial disputes in the sphere of real estate are one of the most extensive categories of cases considered by courts. In addition, they are quite costly financially and may sometimes last for years. The number of legislative acts regulating issues related to real estate, judicial practice in real estate matters are diverse and often very controversial.
The reasons for the appearance of litigation in relation to real estate are:
- misunderstanding and application of the law by the parties to the transaction or state bodies;
- mistakes made while preparing documents;
- violation of the legal rights of a party that is a party to legal relations in the real estate field.
For disputes arising in real estate, as well as for other categories of disputes, there are two ways of resolving them:
- pre-trial, which includes submitting claims to persons who violate certain rights of an economic entity. Most often this method is ineffective, because, due to high prices for real estate, the party, even in case of obvious violation of the law by its actions, does not voluntarily renounce its claims;
- judicial, is a filing a statement of claim in court and in some case is the only way to restore the violated rights.
Disputes in relation to immovable property between legal entities are under the jurisdiction of the arbitration court, disputes involving legal entities and individuals to the court of general jurisdiction. Claims about the rights to immovable property are considered by the courts at the location of this property.
The most common disputes in real estate are:
- challenging the ownership of an object;
- invalidation of contracts for the alienation of real estate;
- eviction, removal from the registration;
- unauthorized redevelopment, unauthorized construction and their legalization;
- disputes between tenants and landlords;
- mortgage disputes;
- unauthorized occupation of an immovable property;
- challenging the cadastral value of the property;
- disputes related to equity construction;
- family and inheritance disputes about real estate;
- disputes with public authorities.
If there is a need to protect the violated rights, it should be remembered, that civil law in most cases establishes limited time limits for recourse to the court for the restoration of violated rights, as well as certain ways of protection by which certain rights of a person in real estate can be restored. Therefore, a person intending to defend his violated rights in court must apply to the court not only on time, but also to choose the right way of protecting the right, since in the event of failure to comply with these requirements, the court will be entitled to refuse to restore the violated rights on formal grounds.
Successful resolution of the dispute over real estate depends on the depth of knowledge and the ability to navigate in the constantly updated legislation in real estate. In case of an independent resolution of disputes in the field of real estate, the risk of an error that a person who is not aware of legal issues can be admitted. Therefore, in matters related to real estate, the timely assistance of a competent specialist is often priceless.
Specialists of the BRACE Law Firm have a successful experience in the resolution of court cases related to real estate. Understanding the key features and nuances of the Russian legislation in real estate and construction allows us to provide our clients with highly qualified legal assistance and to find the most effective solution to the problem. In the process of resolving disputes on real estate, we are striving not only to obtain the desired result, but also to minimize the losses of the client, developing a strategy for achieving success or obtaining minimal damage in his situation.
We offer the following services:
- Legal support of transactions with real estate, including, purchase and sale and donation of real estate, rent, mortgage of real estate, etc.;
- Legal examination (verification) of the acquired land plots, buildings, residential and non-residential premises, as well as other real estate facilities;
- Services for challenging (decreasing) the cadastral value in Federal Service of State Registration, Cadastre and Cartography;
- Challenging the cadastral value in court, in case of refusal to the commission of Federal Service of State Registration, Cadastre and Cartography;
- Legal support of development projects;
- Elaboration of various draft contracts for the construction industry;
- Legal consulting on issues related to real estate.