Attorney Office “Alina Szilaghi” from Cluj-Napoca has vast experience and enjoys a good reputation in settling both litigant and amicable disputes arising between the owners of two neighboring funds on the boundary between the two properties.
Setup border action; by this action, the plaintiff claims that, in contradiction with the defendant, the court will determine, by external signs, the extent of the two neighboring funds. The main features of this action are:
- It is real action, petition, real estate, declarative rights and imprescriptible.
- It can be exercised, first of all, by the holder of the right to property on the fund, as well as by any person having a real right over it, such as the superfiscary, usufructuary or the holder of the real right of use over land owned by the state, demands the delimitation of its fund by the neighbor; if this action also involves claiming a portion of the land, only the owner has the capacity to process the asset.
- It is inadmissible between co-owners, and if the fund is a common good, the action must be formulated by both spouses.
- The object is the delimitation of the neighboring funds or, as the case may be, the relocation of the borderline, requiring the defendant to restitute the land illegally held by the applicant’s adjacent land; in the first case, only the actual boundary line, to be marked by external signs, must be proven by the evidence administered, without the need to prove the applicant’s property right; the burden of proof rests on both sides, since each of them has both the complainant and the defendant; as a matter of fact, any means of proof can be used to establish the borderline.
- It produces effects only on the delimitation of the funds belonging to the parties, not on the actual right itself, which means that subsequently any of them can bring an action for a claim on the determined surface of the fund without being able opposes the res judicata of the judgment.
- Spending costs, such as those required for marking and marking the court’s court, are equally supported by both parties. If the wrangling has been made by the parties’ convention, they can challenge it by an action for annulment.
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