-Possession of real estate whether exercised as an owner or as a person holding the property under a specific legal title—is subject to protection under civil law. In practice, this means that even a non-owner may effectively assert claims in the event of unlawful interference with their factual control over the property.

Our Law Firm provides comprehensive legal assistance in matters concerning the protection of possession, both at the pre-litigation stage and in court proceedings.

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Possessory Protection – Prompt and Effective Remedies

Civil law provides for a specific regime of protection of possession (so-called possessory protection), enabling the swift restoration of the disturbed factual state. In such proceedings, the court examines exclusively:

• the fact of possession, and 
• the occurrence of its disturbance. 

Issues relating to title or ownership are not subject to examination.

We assist our Clients in:

• pursuing claims for restoration of the previous state (restitution of possession), 
• seeking injunctive relief to prevent further disturbances, 
• developing legal strategies from the earliest stage of interference. 

We represent Clients in proceedings which—due to the strict limitation period (one year from the date of disturbance)—require prompt and decisive action.

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Acquisitive Prescription (Adverse Possession) of Real Estate

Long-term, uninterrupted possession of real estate may result in the acquisition of ownership by way of acquisitive prescription (adverse possession).

We advise and represent Clients in matters involving:

• determination of the legal nature of possession (possessory title vs. dependent possession), 
• establishing the lapse of the statutory period (20 or 30 years), 
• gathering and presenting evidence demonstrating the exercise of rights corresponding to ownership (animus domini). 

We provide full legal support both in judicial proceedings for a declaration of acquisitive prescription and at the preparatory stage.

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Transfer of Possession and Continuity of Possession

Possession may be transferred to a legal successor either by legal act or by factual delivery of the property.

In practice, this is of particular importance for:

• maintaining continuity of possession, 
• enabling the successor to add the predecessor’s period of possession for the purposes of acquisitive prescription, 
• safeguarding the legal interests of parties to real estate transactions. 

Our services include:

• structuring and reviewing agreements, 
• assessing the legal consequences of transferring possession, 
• identifying and mitigating risks associated with the transfer of control over real estate. 

Our Expertise – Amicable and Court Proceedings

We specialize in handling possession-related disputes, offering comprehensive representation at every stage of the matter.

Our services include:

• conducting negotiations and amicable dispute resolution proceedings, 
• representation in possessory actions, 
• comprehensive handling of acquisitive prescription cases, 
• drafting pleadings and developing procedural strategies. 

Our objective is to secure our Clients’ interests effectively and efficiently—whether through negotiated settlements or assertive representation before the courts.

    

Please contact us to obtain professional legal assistance in matters concerning possession of real estate.-