Title deed obtained in accordance with the procedure laid down in Law 18/1991. Lack of putting into possession. Evidentiary power of title in a claim for recovery

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

Whether it took place before or after the title deed was issued, actual possession, on the basis of measurements and in the presence of the beneficiary of the reconstruction, was not only compulsory but essential for the validity of the title deed. In the absence of this operation, the title is proof of entitlement to reconstitution of the property right, but not of its extent (...)

Given that the primary authors of the parties have benefited from the reconstitution of the right of ownership under the Land Law, the transposition of the property deeds cannot be done otherwise than by taking into account the actual method of allocation of the land, i.e. through the prism of the measurements made at the time of putting into possession. It is not possible to consider only the deed of sale concluded in 1999 and the plan accompanying it, as the appellants claim, since the disposal could only relate strictly to what the seller acquired. However, in view of the fact that possession was not taken in 1994, when the title deed was issued, the location of the land which was the subject of the proceedings in Case No 3773/1996 was not determined by a judicial technical expert, and the location of the land sold in 1999 was determined unilaterally by the seller, the court concluded that the claimants had no right to the land claimed.