European Union

Property

Property law, conveyancing, strata management

25 questions

⚖️

Succession Law

(9)
I inherited property in Italy but live in France. How do I prove my rights?
You can prove your inheritance rights in Italy using a European Certificate of Succession (ECS), issued by competent authorities in France or Italy, which is recognised across the EU.
My father died living in Spain but was a German national. Which country's succession law applies?
The succession law of Germany applies, because your father was a German national and the EU Succession Regulation allows choice of law based on habitual residence or nationality — but nationality prevails if chosen before death.
Can I choose my own nationality's law to govern my estate instead of where I live?
Yes, under EU Regulation (EU) No 650/2012, you can choose the law of your nationality to govern your entire estate, even if you live in another EU country.
I want to register my inherited property in another EU country. Does the Certificate of Succession help?
Yes, the European Certificate of Succession (ECS) helps you register inherited property in another EU country by proving your status as heir or executor without needing additional national certificates.
My deceased relative chose German law for their succession but lived in France. Is this valid?
Yes, under EU Regulation (EU) No 650/2012, a person can choose the law of their nationality — including German law — to govern their succession, even if they lived in France.
I inherited a house in multiple EU countries. Can one court handle everything?
No — inheritance cases involving assets in multiple EU countries are generally handled by courts in the deceased’s last habitual residence, but national courts retain jurisdiction over immovable property located in their territory.
What happens to my EU property if I die intestate while living in a non-EU country?
If you die intestate while living outside the EU, your EU property is generally governed by the law of the EU country where the property is located — unless you chose the law of your nationality under the EU Succession Regulation.
My inheritance includes debts. Can I accept only the assets using EU succession rules?
No, under EU succession rules you cannot accept only the assets while rejecting the debts — you must accept or reject the entire estate, unless national law allows 'benefit of inventory' to limit liability.
I live in one EU country but own rental property in another. Which succession law applies to it?
The succession law that applies to your rental property in another EU country is generally the law of the country where the property is located — unless you have made a valid choice of law under EU Regulation No 650/2012.
🏛️

Expropriation Rights

(5)
A government wants to expropriate my land for a highway. What compensation rights do I have?
Under EU law, you have the right to fair and prior compensation for expropriated land, grounded in the Charter of Fundamental Rights and interpreted by the European Court of Human Rights.
My property was confiscated by the state and I believe it was disproportionate. What can I do?
You can challenge the confiscation before a national court and, if domestic remedies are exhausted, bring a case to the European Court of Human Rights alleging a violation of Article 1 of Protocol No. 1 to the ECHR.
The government seized my property years ago and I was never compensated. Can I still claim?
Yes, you may still be able to claim compensation, but strict time limits apply — typically 5 years from the date of seizure under EU case law and national implementation of the European Convention on Human Rights.
The government regulated my property use so heavily it's effectively expropriated. What rights do I have?
Under EU law, if government regulation severely diminishes your property’s value or use without compensation, you may have a claim under the right to property in the EU Charter and the European Convention on Human Rights — but no automatic right to compensation unless it amounts to a 'de facto expropriation'.
The government put a building preservation order on my property without compensation. Is this lawful?
In the EU, a building preservation order without compensation may be lawful only if it pursues a legitimate public interest, is proportionate, and complies with national law implementing EU principles — but outright denial of all compensation risks violating the EU Charter’s right to property.