In fact, the claimant, assisted and represented by lawyers specialized in partition and real estate law, requested the Cluj-Napoca Court to partition the property composed of 2 apartments and an attic, by attributing into their exclusive ownership the entire surface of the building’s attic, which at that time was held in co-ownership with the owner of the other apartment.
At the same time, the claimant requested that the court order the registration into a newly formed land registry of the attic area that is the object of leaving the indivision.
The partition was requested because the claimant wished to use that unused space and to change the attic’s use into residential living space. Also, it was requested that the exclusive ownership be assigned on the basis that the attic is not convenient to be partitioned in natura and the defendants had never exercised any right of use over it, there being no possibility to provide or construct an access path from the defendants’ property to the attic.
Because conducting the partition via litigation would have involved high costs, considering that a site inspection and a judicial technical expertise would have been necessary, the partition & real estate specialized attorneys proposed to the parties that reaching a transaction would be more advantageous for all involved. Accordingly, the parties accepted that proposal and the exit from the co-ownership was done by entering into a transaction which the court took notice of.
Consequently, concluding that act led to extinguishing the lawsuit, the court pronouncing an interlocutory order by which it took note of the aspects stipulated by the parties within the transaction.