Title dispute resolution is one of the most critical and common issues in the Georgian legal landscape. Although the Public Registry is constantly improving, the chaotic nature of historical documents, flaws in the 90s privatization, and bad faith transactions have given rise to many conflicts regarding real estate. A title dispute can cover everything from boundary violations between neighbors to complex fraudulent schemes where the same apartment is sold to multiple people. In such cases, timely and qualified legal intervention is vital, as the risk of losing ownership is high. Specialized lawyers use both negotiation and litigation mechanisms to restore violated rights and recover illegally appropriated property.
What Does Title Dispute Resolution Service Cover?
Specialists on Legal.ge offer full legal support in property disputes of any complexity:
- Boundary Determination and Disputes: Correcting overlaps between neighbors, adjusting cadastral survey drawings, and legally recognizing real boundaries.
- Vindication Claims (Recovery from Illegal Possession): Returning property from a bad faith possessor who holds it illegally (e.g., a former owner who sold the apartment but refuses to vacate).
- Annulment of Transactions: Invalidating purchase/gift agreements concluded through fraud, duress, or mistake, and restoring the original state.
- Privatization Legality Checks: Challenging or defending rights registered based on old Soviet or post-Soviet documents.
- Declaratory Actions: Recognition of ownership rights based on adverse possession (prescription) or inheritance facts.
Common Scenarios and Real-World Examples
Property disputes are diverse. Let's consider some typical examples:
- Double Sale: A developer sold an apartment under construction to two different people. The first buyer failed to register in the Registry in time, while the second did. A complex litigation begins regarding priority rights and damages.
- Neighbor's Fence: A neighbor built a new fence 2 meters into your plot. The Public Registry map and the actual situation do not match. It is necessary to prepare a situational plan and dispute the boundary correction.
- Fake Power of Attorney: While you were abroad, someone sold your apartment based on a forged power of attorney. The buyer claims to be a bona fide purchaser. The lawyer must prove the fraud and recover the property.
- Inheritance Dispute: One brother registered the deceased parent's apartment entirely in his name, ignoring other heirs. The other heirs demand cancellation of the registration and fair distribution of shares.
Georgian Legislation and Regulations
Dispute resolution is based on the Civil Code of Georgia (Property Law section), which defines the rules for acquiring, transferring, and protecting ownership. Specifically, Article 172 allows for the right to reclaim property from illegal possession (vindication). The procedural part is regulated by the Civil Procedure Code of Georgia. Also important is the Law on Public Registry, which establishes the presumption of the accuracy of registration. During disputes, the instruction "On Registration of Rights" and decisions of the Land Legalization Commission are often used.
Service Process
The process begins with a detailed study of the case materials. The lawyer requests documents from the Public Registry archive and analyzes the grounds for registration. Often, the first step is mediation and negotiation with the opposing party. If an agreement cannot be reached, a lawsuit is prepared for court. During the dispute, the lawyer requests a seizure (injunction) on the disputed property to prevent its alienation. After the court decision is made, the enforcement stage begins — correcting the record in the Registry or actually vacating the property.
Why Choose Legal.ge?
Title disputes require deep knowledge not only of legislation but also of the technical procedures of the Public Registry. Legal.ge connects you with lawyers who have successful experience in the most complex property disputes. They will help you plan the strategy correctly, obtain evidence, and recover your property. Trust the qualified specialists at Legal.ge and protect your ownership.
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