A property dispute may concern the origin of title, registry record, use or division among co-owners, cadastral boundaries, neighbour interference, mortgage, developer obligations or inheritance. A Public Registry extract is critical evidence, but historic instruments, cadastral and technical material, possession and transaction validity often require separate investigation. Urgent cases may require interim measures preventing disposal or alteration.
1. First classify the actual property dispute
A disagreement over the same apartment may concern title, contract, inheritance, co-ownership, boundary, possession, construction or an administrative registry decision. Correct classification determines defendant, forum, deadline and remedy.
Identify cadastral code, address, area and physical condition, then state each party’s asserted right. ‘The property is mine’ must become a specific legal basis and a registrable or enforceable remedy.
2. Origin of title and the Public Registry
Obtain current and historic extracts and the instrument creating title—contract, inheritance certificate, judgment or administrative act. Check signatory, authority, consent, mortgage, seizure, tax security, easement and lease.
The current registry entry is important in dealings with third parties, but litigation may examine validity of the underlying transaction, registration procedure or prior rights. Record the extract date and change history.
3. Co-ownership: use, expenses and partition
Co-owners should use property without impairing others and generally contribute to maintenance by shares. Disputes commonly involve exclusive occupation, rent, repairs, keys, utilities or sale.
The Civil Code permits a co-owner to seek termination of co-ownership. Division in kind may be available if equivalent parts can be created without devaluation; otherwise sale and distribution may arise. A negotiated buy-out is often more controllable.
4. Cadastral boundaries and neighbour disputes
Compare registry plan, cadastral survey, historic instruments, fence, occupation, terrain and municipal or archival material. A technical coordinate discrepancy and a legal title dispute are not the same; both survey and legal expertise may be required.
Moving a fence, blocking access or demolishing a structure unilaterally can create new liability. Before altering the site, preserve photos, measurements, witnesses and formal communications.
5. Developer, construction and preliminary-sale disputes
Distinguish construction completion, commissioning, handover and title registration. Review unit identification, area variation, payment milestones, delay, defects, mortgage release and refund terms.
Before dispute, obtain developer and land extracts, permit, design, payment history, communications, defect record and independent technical assessment. Depending on facts and contract, remedies may include performance, repair, price reduction, termination, refund or damages.
6. The complete evidence package
The core file includes current and historic extracts, cadastral plan, title instrument, contract and payment, notarial or inheritance records, communications, photos or video, survey, expert evidence, witnesses and property expenses.
Build separate event and title-chain chronologies. Mark the fact proved by each record and where the original is held. An unauthenticated screenshot or partial extract may help, but often cannot replace official or technical evidence.
7. Interim protection and securing the claim
Where sale, mortgage, continued construction, demolition or registry change is genuinely threatened, assess interim relief. The measure should be specific, proportionate and connected to the eventual judgment.
Relief is not automatic and may raise security or loss issues, while delay can make a final win less valuable. Preserve evidence of the risk immediately.
8. Negotiation, litigation and final registration
Use realistic property and process economics in negotiation: occupation, cost of division, buy-out, sale and litigation. Settlement should cover payment, keys or handover, registration, mortgage, tax, timing and default.
After judgment, registry change and enforcement may still be required. Frame a remedy that is ultimately registrable and enforceable; a purely declaratory win may not solve the practical problem.
Important noteThis material is general information, not personalised legal advice. Recheck current law, official practice, fees and deadlines against your facts before acting.