Land & Property Disputes
Title deeds, possessory rights, adverse possession, necessary ways, servitudes, land rights turn on paperwork and time.
Land is most people's largest asset, and land litigation is where technicalities decide outcomes. The type of title document alone changes both the governing law and the deadlines.
We handle boundary fights, possession, sale disputes, transaction rescission, access ways, and every form of right over land.
What this dispute is, and where it comes from
Disputes over land rights, encroachment, dispossession, sales never transferred, blocked access. They grow from never-surveyed boundaries, generations of unregistered possession, or deals done without title checks.
Documents & evidence to gather first
- Every title document, chanote or N.S.3
- Cadastral maps and the latest survey
- Sale, pre-sale, or lease agreements
- Photos of possession, structures, and way use
- Neighbouring owners who can testify
How we can help
Legal knowledge worth knowing
Peaceful, open possession of another's immovable as owner for 10 continuous years confers title by adverse possession.
For land held by possessory right only (e.g. N.S.3), a dispossessed holder must sue within 1 year of dispossession.
A landlocked owner may claim a necessary way over surrounding land, against compensation.
Servitudes arise by registered juristic act, or by prescription after 10 years of open, continuous use.
A registered purchaser in good faith for value prevails over earlier unregistered rights.
Supreme Court No. 5596/2552, taking possession of another's land in the mistaken belief that it is your own still counts as holding it with the intention of an owner under Section 1382 of the Civil and Commercial Code; the possessor need not have known beforehand that it belonged to someone else.
Limitation periods and deadlines you cannot miss
- 10 yrsAdverse possession of immovables / servitude by prescription
- 1 yrRecovering possessory-right land after dispossession (s.1375)
- 1 yrRescinding fraudulent acts, from knowledge (s.240)
The above is a brief summary of legal principles for general knowledge only, not advice on any specific case. Statutes may have been amended and application always turns on the facts. Please verify the current law or consult an attorney before acting.