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    ESTABLISHMENT OF HORIZONTAL PROPERTY IN A MORTGAGED BUILDING

    juridico

    Identified Question

    "Is it possible to establish horizontal property in a mortgaged building?"

    🎯 Direct Answer

    Yes, it is possible, but it requires the bank's authorization and compliance with certain legal procedures.

    Legal Basis: Artigo 1414.º do Código Civil View on DRE

    Official Documentation

    📋 Context & Applicability

    It is necessary to obtain the bank's authorization for the establishment of horizontal property.

    The establishment of horizontal property allows the division of a building into autonomous fractions, even if mortgaged.

    • Request the establishment of horizontal property at the land registry office.
    • Inform the bank about the intention to establish horizontal property.
    • Verify the conditions of the mortgage contract.

    Technical Checklist

    • Consult the bank to obtain authorization.
    • Prepare the necessary documentation for the establishment of horizontal property.
    • Register the new configuration at the land registry office.
    Always obtain the bank's authorization before proceeding.
    The mortgage may be maintained over the new fractions.
    Consider consulting a lawyer specialized in real estate law.

    Legal Notice

    This content is for informational purposes only and does not replace personalised legal advice.

    Always confirm critical decisions with a qualified lawyer or professional.

    The content is specific to Portuguese law and may not apply to other jurisdictions.