Civil law
Civil law: contracts, property, disputes
I prepare contracts and filings, explain your rights and time limits, and represent you in disputes. For property transfers I also prepare the application for registration in the land registry. In every matter I begin by assessing the documents and the limitation periods.
A buyer acquires ownership of real property under a contract only upon registration in the land registry, not merely by signing the contract.
How it works
From contract to registration and dispute
In civil matters, evidence and time limits are decisive. A contract, invoices, correspondence and photographs often determine whether a claim stands, so please keep them and send them to me for review before you take the first step.
I prepare a contract for the transfer of real property so that it contains the description of the property as in the land registry, the price and the manner of payment. The buyer becomes the owner only upon registration, so I also take care of the application for registration.
For a claim for damages I assess who is liable, how much damage arose and whether the limitation period has expired. As a rule I first prepare a demand to the wrongdoer or insurer, and a court claim only afterwards.
I pursue a debt first with a pre-action demand; if the debtor does not pay, I file a claim. An appeal against a judgment may be lodged within 15 days of its delivery, and once the judgment is final the debt can be enforced through execution.
- Transfer of real property
- Written contract and registration
- General limitation period
- Three years
- Appeal against a judgment
- Within 15 days of delivery
- Probate proceedings
- Led by a notary as court commissioner
What I handle
From a contract that is meant to prevent a dispute to representation in court if one arises.
Contracts
I prepare sale, gift and lease contracts and loan agreements. The contract sets out clearly the rights and duties of the parties, the price, the time limits and the consequences of breach.
Property and the land registry
I prepare the contract for the transfer of real property and the application for registration of ownership in the land registry. I check the title deed, charges and easements that may affect the transfer.
Damages
I assess whether and in what amount you are entitled to damages, and prepare a demand to the wrongdoer or insurer. If the claim cannot be settled out of court, I represent you in court.
Debt recovery
I prepare a pre-action demand and the claim, and represent you in proceedings for payment of a debt. Once the judgment is final, I help with the application for execution.
Neighbour disputes
I handle disputes over land boundaries, use of shared parts and interference with the use of property, for example by noise or by interference with an easement. I first look for an agreement and then prepare a claim.
Probate proceedings: representation
I represent heirs in probate proceedings before a notary acting as court commissioner and in disputes over an inheritance. I help assess what belongs to the estate, for which debts an heir is liable and whether to renounce the inheritance.
Related
Related services
Some tasks recur across several areas. For these I can help on their own, even if you do not need representation in the whole matter.
- Land registry filing
Filing the application for registration, the administrative fee and the registration time limits. I prepare the application and attach the documents the land registry requires.
- Contract drafting
Preparation and review of contracts to fit your situation. I set out the agreed terms clearly, including time limits and the consequences of breach.
If you are a real estate agency, see the offer for real estate agents.
Common questions
When does the buyer become the owner of a property?
A contract for the transfer of real property must be in writing (section 46 of the Civil Code). The transferee becomes the owner upon registration in the land registry, not merely by signing (section 133(2)).
What time limits apply to a claim for damages?
The right to damages is time-barred two years after the injured party learned of the damage and of who is liable, and in any case three years after the event (section 106 of the Civil Code). For intentionally caused damage the outer limit is ten years.
What is the general limitation period?
Under the Civil Code it is generally three years (section 101). The court takes limitation into account only if the debtor raises it.
Do I need an attorney in probate proceedings?
No, representation is not mandatory. Probate proceedings are led by a court commissioner, a notary appointed by the court. An attorney helps mainly with disputes between heirs and with assessing assets and debts.
What must a contract for the transfer of real property contain?
In particular, the identification of the parties and of the property as shown in the land registry, the expression of the will to transfer ownership and, in a sale, the price. If the data do not match the land registry, the registration proceedings may be suspended or the application rejected.
Is an heir liable for the deceased's debts with all of their property?
No. The inheritance is acquired on the death of the deceased (section 460 of the Civil Code) and the heir is liable for the deceased's debts only up to the value of the inheritance acquired (section 470). The inheritance can be renounced within a period of which the court commissioner will inform you.
What is a pre-action demand and what is it for?
It is a written demand to the debtor to pay within a set period, failing which you will pursue your right in court. The law does not generally require it, but it gives the debtor the chance to pay without proceedings and shows that you called on them to do so.
Write to me about what you need resolved
Send me the contract, documents or a short description of the matter. I will review them, explain the next steps and point out the time limits that must be met.