Immovable property shall be land and underground structures with a particular purpose, as well as rights in rem thereon and rights declared by law to be immovable property. Legal relations to immovable property are characterized by a formalized approach (officially certified signatures of the contracting parties) and, in most cases, require registration by the Land Registry. Even minor defects may result in the rejection of the application for registration and the need to repeat the entire process. We represent clients in proceedings before the cadastral authorities fall within our services.
Investments and legal relations to real estate are often among the situations where clients seek the services of attorneys. The real estate and construction industry involves several professional entities whose interests differ from yours. Adequate protection of your rights is essential in negotiating and arranging absolute property rights. In the real estate field, activities are often associated with significant expenses. This makes a degree of certainty about the correctness of real estate actions all the more necessary. It must be precise when negotiating rights and obligations over immovable property. We provide clients with comprehensive legal services in the areas of real estate law, in particular:
- Assistance and inspection of the property before purchase;
- Property transfers;
- Escrow Agreement;
- Leases, tenancies, and temporary use of property;
- Drafting and commenting on contract documentation;
- Construction Law;
- Easements, land easements;
- Right of necessary way to land;
- Buildings established on other people’s land;
- Removal of unauthorized structures;
- Legal advice on design and construction;
- Construction contracts (Residential construction);
- Declaration of unit owners (creation of residential units);
- Management of residential buildings;
- Legal assistance to unit owners’ associations;
- Mediation and sale of real estate by real estate agents;
- Package of services for real estate agents;
Co-ownership (joint ownership) is a legal institution where a group of persons has common ownership of the same thing. The legal relations of co-ownership are distinguished by the legal order with regard to the status of the subjects as follows: the rights between co-owners within the co-ownership relationship, then external, concerning the joint action regarding the common thing externally (external arrangement) and finally the level of the specific co-owners own rights related to his/her co-ownership share. Unlike foreign legislation, in the Czech legal environment co-ownership is perceived similarly to the decision of the owner of the whole thing. The co-ownership share then indicates only the extent to which each individual co-owner participates in the management of the common property and further participates in shaping the will of the entire community externally. There is no real division of the thing into parts and the legal community of co-owners always has the whole of the common thing at its disposal.
The characteristics of co-ownership are the unity of the object (if the thing is actually divided, it is no longer co-ownership but ownership of a certain part), the multiplicity of subjects (several persons on the ownership side of a single object), and indivisibility of the common right (the right to a certain thing belongs indivisibly to all co-owners).
Building on someone else’s land
With the entry into force of the new Civil Code, buildings are considered part of the land. If the land owner is the same as the building owner, only the land is transferred. If there is no identity of the owner of the building with the ground, it is a building on someone else’s land and the related set of rights. The different property regimes of the building owner and ground cause many problems. The primary issue is establishing the legal reason for the construction and assessing whether this building is permanent or temporary. If the landowner finds that the building has been set illegally, he may assert his rights in court under the conditions laid down by law. In extreme cases, the court may order the removal of the illegally constructed building.
Legal advice in the real estate field includes comprehensive solutions related to the implementation of construction, reconstruction, maintenance, property management, and other legal issues. Whether you are undertaking development projects, looking for investment opportunities, representing a real estate agent, or acquiring your own home, our law firm is here for you.