New land rules

By Law 87/2020 published in the OFFICIAL MONITOR no. 551 of 25 June 2020, Law 18/1991 on the land fund was amended, allowing new applications for property rights to be submitted.

Thus, the amendments to Law 18/1991 concern land related to buildings erected by former agricultural production cooperatives, former inter-cooperative economic associations, former consumer cooperative organizations, and entities, regardless of their name, as well as other privately owned buildings, which are registered, upon request, in the property of the current owners, provided that the following conditions are met:

• a) are owners of buildings from the date of acquisition to the date of application for registration of ownership;
• b) provide proof that the property is registered in the agricultural register and that the related taxes and duties have been paid in accordance with the legal provisions;
• c) for the land related to the construction, the right of ownership has not been established or reconstituted.

Also, Article 27(2^3), introductory part, and point (b) have been amended to read:

“(2^3) In the case of land related to the dwelling house and outbuildings, as well as the courtyard and garden around them, which have not been cooperative, their owners or heirs, including those who bought the property according to the provisions of Law no. 112/1995 on the regulation of the legal situation of certain buildings intended for housing, passed into state ownership, as subsequently amended, may apply, upon request, to the county commission for the issuance of the title deed under the conditions of this law, as follows:

• (a) whether the applicants appear in the agricultural or land registers and tax records;
• (b) if the land is owned by the State or by administrative-territorial units and the applicants are the owners of the buildings;
• (c) are not the subject of claims for reconstitution or constitution of ownership by other persons.

The application for establishing the right of ownership under Article 24(2)(a) of the Regulation. (3) Law 18/1991 shall contain the name and surname of the natural person/name of the applicant’s legal entity and its domicile/head office, the area of land related to the construction for which the right of ownership is requested under Art. 24 para. (3) of Law no. 18/1991, as amended by Law no. 87/2020; copy of the identity card (C.I. / B.I.) for individuals; copy of the civil status documents, registration certificate, and certificate from the Trade Register Office showing the name of the company’s administrator and the status of the company (in operation, in liquidation, suspended, etc.), in the case of legal entities; extract from the Tax Identification Number. showing the building, a copy of the deeds of acquisition of the right of ownership of the building owned, proof that the building is registered in the agricultural register, an affidavit stating the total area of land allocated to the family by reconstitution or constitution, and even if this was done in several localities or from several authors; a sworn statement by the applicant that the land applied for is not in dispute and, if there is a dispute before the courts, this must be stated, including whether there are any final court decisions.

The application for establishing the right of ownership under Article 27(2)(b) of the Regulation. (2 art. 3) Law 18/1991 shall contain the name of the applicant, his/her domicile, the capacity in which he/she requests the reconstitution/constitution of the right of ownership, the area of land related to the dwelling house and the annexes, as well as the courtyard and the garden surrounding them for which the right of ownership is requested according to Art. 27 para. (2^3) of Law no. 18/1991, as amended by Law no. 87/2020; copy of identity card (C.I. / B.I.); copy of civil status documents: extract of C.F. (Tax Identification Number). in which the dwelling house and its annexes, as well as the courtyard and the garden around them and the related land area are evidenced; copy of the document proving the right of ownership of the dwelling house and its annexes, as well as the courtyard and the garden around them, copy of the property deed issued previously by which the right of ownership of the land related to the dwelling house and its annexes, as well as the courtyard and the garden around them was reconstituted/constituted, if applicable; proof that the property is registered in the agricultural register; affidavit stating the total area of land allocated to the family through reconstitution or constitution, even if this was done in several localities or from several authors; affidavit by the applicant stating that the land applied for is not in dispute, and if there are disputes before the courts, this must be noted, including whether there are final court decisions.

In the case of both applications, subsequently, if the application complies with the provisions of Law no. 18/1991, you will be required to draw up topographical documentation drawn up by an authorized person identifying the buildings, the requested land, and its surface, as well as the legal situation.