Documents

Documents for transferring ownership

Ownership documents
•   Deed;
•   Decision to restore the right of ownership of agricultural lands;
•   Voluntary Partition Agreement;
•   A judgment for partition;
•   Handwritten or notarized will or testament;
•   Decree by a bailiff for the assign of a property to a public auction;
•   Sale agereemet for heritage
•   A judgment declaring the preliminary contract for final
•   Agreement for acquisition of state-owned or municipal property
Deed
Deed is one of the most common used titles to property. Deeds can be of two types - those which certify legal transactions - deeds of buying and selling, donation, replacement, transfer against an obligation for support and care, etc., and conclusive deeds. Conclusive deeds can be issued on the basis of submitted documents and the so called “Circumstance inspection”. They only recognize and certify the right of ownership of the applicant on a particular property, but they do not transfer or establish property rights over the property.

Some notarized contracts have the same legal force, as voluntary partition agreements and sale of heritage agreements.

Agreements for acquisition of state-owned or municipal property also serve to prove the rights of the buyer, who then sells the property. They do not require notarization of signatures, but only registration at the Land Registry of the Registry Agency.

In case of patrimony the testament together with the testator’s documents of ownership prove ownership of the person to whom it is done.

Proof of ownership is also different judgments: partition agreement, a decision to put in the portion of one of the heirs of indivisible property, a decision declaring the preliminary agreement for a final, and more. If the property is obtained through a public sale of property, the decree of the bailiff to assign the property plays the role of an instrument of acquisition of ownership over it.
Decision of the Land Commission
The decision of the Land Commission to recover the right of ownership over agricultural land (ie. Decision of the Land Commission) is among the most popular documents for property of agricultural lands and repeals the need of the owner or his heirs to be supplied with the deed. Recovery decisions issued after 01.01.2001. shall be entered at the corresponding Registry Office. If the seller does not have a copy of the decision, he can obtain a transcript by the corresponding Land Commission (Municipal Agriculture Office).
Sketch of the property
The sketch of the landed property is a copy of the map of the recovered property and reflects the condition of the property at the date of its issue according to the data in the register. The sketch of the property is prepared by the Municipal Agriculture Office in the corresponding region, where the agricultural lands are located, and for lands with an effective cadastral map, upon written request of the owners, the court or other authorised authorities and interested parties, sketches of landed property will be certified and issued by the Agency of Geodesy, Cartography and Cadastre. The sketch is valid for six months, and then it is necessary to be revalidated or a new one to be made in the event that there are obstacles to perform revalidation.
Property tax assessment
Property tax assessment is issued by the corresponding Tax Office of the concrete property location and is valid only for the current year. To be issued a tax assessment, it is necessary a certificate of features of the property to be provided, and this document is issued by the Municipal Agricultural Services, and if a map of the corresponding land  is supported by the Cadastre Agency, it is issued by the Cadastre Office.
Certificate of inheritance
In the event that the owner entered in the ownership document has died and there is no a testament, respectively a covenant for the corresponding property subject of the transaction, then owners are his heirs-at-law. To verify the heirs-at-law of the deceased person, a Certificate of inheritance shall be issued. Certificates of inheritance shall be issued by the Municipality, the Region or the Town Hall of the last domicile of the deceased. The procedure starts with an application – declaration form by a person who has the status of an heir. In application – declaration the successor specify heirs-at-law of the deceased, at his discretion. To the application - declaration a copy of testator’s death certificate shall be attached.
Power of attorney for sale
All transactions are confessed before a notary by location of the properties. In case of vendor’s failing to appear personally, he may authorize another person on his behalf to sign the act of sale via a notarized power of attorney for the sale of agricultural land. In this case the power of attorney is accompanied by two numbers of the notarized declaration under Art. 264, para.1 of Tax-Insurance Procedure Code (where it is declared that the seller has no unpaid taxes on the property) and one number of a declaration under Art. 25 para. 8 of Notaries and Notarial Practice Act (the seller declares his marital status at the date of the transaction). The validity of the declarations is until the end of the calendar year in which they are certified.

Additional documents

•   Certificate of selected mode of community property
•   Decision of the General Assembly of all partners, acting unanimously, when vendor is a legal person
•   Consent of a joint owner for the sale of parts of the common property is expressed by refusing to exercise his right to redeem the sold share under Art. 33 of the Property Act.
•   Permission from the District Court in the disposal transaction when property is of a minor or incapacitated person.