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The long lasting court proceedings for a real estate ended with the victory of iLex

The legal dispute aroused about one of the inhabited houses in the capital. The freeholder of the real estate living abroad permitted his/her kin to use it temporarily. The circumstances of living in the real estate more than ten years, of improving it somehow, caused pretension of recognizing the right of ownership by the temporary user.

By the court decision delivered in 2011 the right of the freeholder for the real estate living abroad had been cancelled and on the force of acquisitive prescription it had been passed to the user.

In 2013 knowing about the termination of the right of ownership for the property in legal form, the legatee of already the previous freeholder of the property, applied to ''Ilex'' law firm for legal assistance.

The protection of the interests of the client assumed Mr. Aram Khachatryan attorney of the law firm, whose name is being linked this incredible seemed victory. By means of long lasting struggle in a number of courts, by complex legal solutions, Aram Khachatryan not only succeeded to recover the real estate, but also promote the development of the right. This tame already around the actual circumstances of the case by the verdict ofthe Court of Cassation/ԵԷԴ/1457/02/10 / of RA, issued on December 28, 2015, by touching upon one of conditions of recognizing the rights of property on the force of acquisitive prescription: the estimation of the condition of conscientiousness, reaffirmed that on the ground of acquisitive prescription for the arise of ownership the ten years possession should be grounded on such a fact , which can give the possessor sufficient grounds to suggest, that he/she obtains the property and will possess as an ownership, which is impossible in the conditions of being delivered to use the property to a person by the freeholder of the estate.

The long lasting proceeding ended the days before: by the state registration of the right of ownership of the property of the citizen.

 

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