Property law

Ownership is an absolute property right i.e. a complete power over object. Ownership includes the right to use, dispose and possess object or immovable. Ownership can be limited by according to purposes set forth in constitution. Ownership issues are mostly related to transfer of ownership, limitation, or breach of ownership. For example, disputes over lawful ownership, limitations set forth by detailed planning.

Possession is actual power over object. Possession is usually acquired by letting, hire, storage, pledge. Possession can be lawful or unlawful. Possession is protected by law from breaching it without possessor’s consent or withdrawal of consent. Mainly disputes involve lawfulness of possession, forgoing of it and possessor’s good faith.

Mortgage is pledge of immovable. For example, when buying immovable by lender’s funds it is lender’s wish to secure loan by encumbering purchased immovable with mortgage. Person for whom mortgage is set is named mortgagor. Immovable can be uncambered by mortgage not only in connection with purchase by loan. Mortgagee for example, bank is entitled to satisfaction of its claim at the expense of immovable i.e. to carry out foreclosure. Owner of immovable is entitled to possess, use and dispose immovable providing that he/she does not decrease value of immovable or damage mortgagee’s (lender’s) rights in other ways.

Servitudes are utilization rights with clearly defined purposes. For example, using a road crossing an immovable, tolerating utilities. Most disputes are resulting from different road servitudes and utility tolerating servitudes.

Right of first refusal gives a person an option to acquire object when owner sells it. Acquisition takes place on the same conditions as those concluded with original buyer. In case of shared ownership co-owner has right of first refusal. Disputes are caused by an improper notification of persons entitled to right of first refusal.

Restrictions can originate from the law, agreements, or court rulings. This encompasses neighbouring rights. Most common restriction come from heritage or environment rules. Neighbouring rights disputes include a disputes over trees and bushes reaching over the border, as well as issues with nose, smell, or other contamination.