Alina Szilaghi has experience in bringing actions for the recovery of real estate (acțiune în revendicare) — the most specific legal means of protecting ownership, because it allows the owner to recover the property from someone who holds it without right.
In an action for recovery of real estate, the claimant, as owner of a specific immovable property, asks the court to recognise that right and, as a result, to order the respondent (the non-owner in possession) to return the property.
The Civil Code does not define the action, but provides that the owner of property has the right to recover it from the possessor or from anyone else who holds it without right.
The claimant must prove in every case that they own the property claimed and that the respondent’s possession is unlawful. It is not enough for the claimant merely to assert that the respondent holds the property without legal basis.
As a general rule under the Civil Code, ownership of real estate registered in the land book is proved by an extract from the land book.
The action for recovery of real estate is not subject to a limitation period (it can be brought at any time), except where the law provides otherwise, and is filed with the court for the area where the property is located.
Subject-matter jurisdiction depends on the value of the property: up to RON 200,000 inclusive, the district court (judecătorie) has jurisdiction; above RON 200,000, the tribunal.
In the claim, the claimant must show that they own the property and, where relevant, how they acquired it and under what title. The claimant must also show that the respondent occupies the property without right, meaning without any title to it.
To prove or contest the claim, the parties may ask for evidence such as documents (for example title deeds), questioning of the other party, and a court-appointed topographical and cadastral expert report to identify the property.
If the claim succeeds, the respondent will be ordered to return the property.
If the property has been sold, the Civil Code expressly allows the claimant to ask the court to order the respondent to pay compensation, valued as at the time the property should have been returned.
Court stamp duty for the action is calculated on the value of the property claimed.
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