Unsealing of property is the procedure that must be followed in the event that a property (house, apartment) has been sealed by the police due to the death of the person residing therein.
In order for the property to be unsealed, it must first have been sealed, which, as mentioned above, is ordered in the event of the death of the occupant, following a decision by the Chief of Police or the Magistrate’s Court.
The sealing is done by placing tape and a seal on the door and a relevant report is drawn up. The keys are kept at the Secretariat of the Magistrates’ Court.
The unsealing is ordered only by decision of the competent Magistrate’s Court, which adjudicates in accordance with the procedure of voluntary jurisdiction.
The person with a legal interest must file an application (document) with the Magistrate’s Court, a copy of which must be served on the police authority that imposed the sealing and on the notary who carried out the sealing of the property. The request is for the property to be unsealed.
Potentially, the applicant may request an inventory of the items found, e.g., in the event of acceptance with the benefit of inventory. At the hearing, all necessary supporting documents are submitted (depending on the applicant’s legal interest) and witnesses may also be examined.
The decision also appoints the notary who will carry out the unsealing, who sets the date and time when it will take place.
It also calls on the parties to attend. During the unsealing, the notary public is obliged to check that the seals are intact. If he finds that they have been tampered with, he shall suspend all further action and report this to the Justice of the Peace. A report containing the information required by law shall be drawn up for the unsealing and any inventory.
Any dispute arising during the unsealing or inventory is temporarily resolved by the notary conducting the proceedings and a relevant note is made in the report drawn up.
However, anyone with a legal interest may request the Justice of the Peace to revoke the notary’s decision and restore the previous situation.
