Real Estate Law
Pozzi-Castronovo Law Firm provides both contentious and non-contentious legal advice and representation in the principal matters concerning the ownership, possession, transfer and management of real estate. The Firm assists private individuals, businesses, property owners, tenants and investors, both in preventing legal risks and in managing disputes that have already arisen. In real estate sale and purchase transactions, the Firm advises clients from the initial negotiation stage, reviewing irrevocable purchase offers, preliminary sale and purchase agreements, earnest deposit provisions, conditions precedent, deadlines for completion and contractual clauses governing delivery and the condition of the property.
The Firm’s work includes reviewing all legally relevant documentation, the property’s chain of title, ownership of the rights to be transferred and the possible existence of mortgages, attachments, easements, restrictions, prejudicial registrations or third-party rights. Planning, building and cadastral matters are examined from the perspective of their legal consequences, where appropriate in coordination with notaries, surveyors, engineers and other professionals responsible for the relevant technical assessments. Particular attention is given to planning or cadastral irregularities, the absence of the required building permits, issues concerning occupancy and habitability requirements, and discrepancies between the physical condition of the property and the available records, especially where such matters may affect the validity, performance or economic balance of the transaction.
The Firm also represents clients in cases involving breach by the seller or purchaser, unjustified refusal to execute the final deed of sale, delayed delivery, forfeiture or repayment of an earnest deposit, claims for specific performance of the obligation to enter into the final agreement, termination of the contract and compensation for damages. The Firm’s real estate practice also encompasses the drafting, review and negotiation of residential, commercial and other non-residential lease agreements, including provisions concerning duration, rent, indexation, security deposits, guarantees, maintenance obligations, allocation of expenses, withdrawal, renewal and restitution of the property.
In landlord and tenant matters, the Firm advises on disputes involving rent arrears, non-payment of service charges, use of the property for purposes other than those contractually agreed, damage, unauthorised works, termination of the tenancy, repossession of the premises and recovery of outstanding amounts. Legal assistance is also provided in relation to construction and renovation contracts, including disputes concerning delays, defective workmanship, non-compliance with the approved design or technical specifications, variations, suspension of works, disputed fees and the liability of contractors, architects, engineers, construction supervisors and other professionals involved in the project. The legal assessment takes into account the nature and seriousness of the defect, the applicable notification and limitation periods, and the different heads of liability that may arise, including liability for serious structural defects affecting a building.
The Firm further advises on the protection of ownership and possession through claims for recovery of title, actions for a declaration that alleged third-party rights or encumbrances do not exist, boundary disputes, placement of boundary markers, possessory remedies, recovery of possession and adverse possession claims, as well as disputes concerning easements, statutory distances, nuisance and unlawful occupation. The Firm’s services extend to condominium and co-ownership matters, particularly the interpretation and enforcement of condominium regulations, the use of common areas, the allocation of expenses, the performance of maintenance or improvement works, alterations to common property, the powers and duties of the condominium administrator, and challenges to resolutions adopted by the owners’ meeting. In more complex real estate transactions, the Firm examines the legal and contractual structure of the investment, the relationships between the parties involved, the required security arrangements, the proposed financing methods and any related corporate and tax implications, coordinating its legal work with any additional professional expertise required by the transaction.
The purpose of this preliminary analysis is to identify the legal risks of the proposed transaction, define the parties’ respective obligations with precision and prepare contractual instruments consistent with the client’s actual commercial and legal objectives. Where a dispute has already arisen, the Firm first assesses the relevant documentation and the available negotiated solutions, including formal notices, settlement negotiations, mediation proceedings and settlement agreements. Where an appropriate out-of-court resolution cannot be reached, the Firm represents and defends the client in the resulting judicial proceedings.
