A real estate lawyer in Lithuania works on the parts of a property deal that come before and around the notary: the preliminary agreement, the terms of the contract, the checks of the property and of the other party, and representation if a dispute arises. The sale of an immovable thing must be in notarial form (Article 6.393(1) of the Civil Code of the Republic of Lithuania (CK)), and so must transactions transferring real rights in an immovable thing (CK Article 1.74(1)(1)); transfers of immovable things made during bankruptcy proceedings are the exception. The notary must explain the meaning and consequences of the notarial act (Article 30 of the Law on the Notarial Profession of the Republic of Lithuania (N\u012e)) and check the state register data that matter for it (N\u012e Article 51). In court, a natural person may be represented under a mandate by, among others, an advocate or an advocate's assistant holding the written permission of the supervising advocate (Article 56(1) of the Code of Civil Procedure of the Republic of Lithuania (CPK)).<\/p>\r\n
How to check a property for a mortgage, a seizure or other encumbrances is covered in our article Buying property in Lithuania: checking for mortgages, seizures and encumbrances<\/a>. How to pay safely through the notary's deposit account is covered in Paying for property in Lithuania: notary deposit, advance and pledge<\/a>. Here we cover what the notary does, when a lawyer is worth calling, and who may represent you in a dispute.<\/p>\r\n The notary's duties concern the notarial act itself. Ownership of the immovable thing passes to the buyer on handover (CK Article 6.393(4)), and the seller and the buyer record the handover and acceptance by signing an acceptance and transfer certificate or another document named in the contract (CK Article 6.398(1)). Which terms you need, for example the deadline for handover, what happens if the other party does not pay, or what the seller confirms about the property, is agreed before you come to the notary.<\/p>\r\n Claims concerning real rights in an immovable thing, the use of an immovable thing and the lifting of a seizure of an immovable thing are heard by the court where the immovable thing, or its main part, is located. Claims for dividing spouses' property in divorce cases are an exception (CPK Article 31(1)).<\/p>\r\n A natural person may be represented in court under a mandate by, among others (CPK Article 56(1)):<\/p>\r\n A legal person may be represented in court under a mandate by, among others, advocates, advocates' assistants with the written permission of their supervising advocate, and its own employees holding a university degree in law (CPK Article 56(2)).<\/p>\r\n An advocate's assistant may represent only in courts of first instance, and only after the Lithuanian Bar has approved the report on completing one year of practice (Article 34(2) of the Law on the Bar of the Republic of Lithuania (Adv\u012e)).<\/p>\r\n The party who wins the case may recover from the other party the cost of the assistance of an advocate or an advocate's assistant. You must file a written request with the calculation and justification of the costs; if the request and the evidence of the amount are not filed before the end of the hearing on the merits, these costs are not awarded (CPK Article 98(1)). The court awards them taking into account the complexity of the case and the work and time of the advocate or advocate's assistant, but not above the amounts set in the recommendations on fees approved by the Minister of Justice together with the Chairman of the Lithuanian Bar Council (CPK Article 98(2)). The cost of legal services provided by persons other than advocates and advocates' assistants is not reimbursed under this procedure (CPK Article 88(3)).<\/p>\r\n Send us the draft preliminary or main agreement, the Real Property Register extract for the property and a short description of the deal: who sells, who buys, how and when payment is planned. We will tell you what to check and what to change before the notary appointment.<\/p>\r\n Phone +370 5 212 1506, email info@linden.lt<\/p>\r\nWhat the notary does in a property deal<\/h2>\r\n
When to call a real estate lawyer<\/h2>\r\n
Who may represent you in a property dispute<\/h2>\r\n
How to start<\/h2>\r\n