Sometimes a real estate problem does not start with the cadastre or the court. It starts with an ordinary neighbour conflict.
In our practice, we encountered an important case: the client owns a separate part of a two-storey house in Montenegro. The house has two floors and two separate entrances. Previously, the property was connected to one family: the upper floor was sold to our client, while the lower floor remained with the other side.
Over time, the household conflict developed into a more serious problem. According to the client, he could no longer use his property peacefully and now lives in another city.
At the same time, the client did not abandon the property. He started the procedure for surveying, condominium-style division and further regularisation of his part of the house.
That is when the main risk appeared.
Other persons initiated a court procedure for the physical division of the land under and around the house. Formally, the procedure is between them. In reality, however, it concerns the land without which our client cannot normally use his part of the building.
The client was not included in that procedure. His right of access, passage, use of the yard, maintenance of the building and participation in the regularisation of the land under the house was not reflected.
At the same time, he was offered to sell his part back at a price significantly lower than the price he had paid. He refused.
In this situation, we see signs not only of a neighbour dispute, but of an attempt to create conditions under which it becomes increasingly difficult for the owner to use his property and protect his rights.
The legal point is simple.
If a person owns a separate part of a house, their interests cannot be ignored when dividing the land under that house and the land necessary for normal use of the building.
Even if the land is formally registered to other persons, the yard, passage, access and land under the building cannot be dealt with as if the owner of another separate part did not exist.
What we did
KF-Legalafy, together with a licensed partner law office, prepared a court submission.
In that submission, we:
— indicated the client’s legal interest;
— requested access to the case file on the physical division;
— pointed out that the client is the owner of a separate part of the house;
— stated that no decision on the land should be made without taking his rights into account.
Main takeaway
When buying an apartment, a floor or a separate part of a house in Montenegro, it is not enough to check only the unit itself.
It is important to check:
— who owns the land under the house;
— how the yard is registered;
— whether there is a right of passage;
— who controls access;
— whether there are pending cadastral or court procedures;
— whether the property can actually be used after the land is divided.
Sometimes the main risk is not in the apartment.
It is under it.
In our practice, we encountered an important case: the client owns a separate part of a two-storey house in Montenegro. The house has two floors and two separate entrances. Previously, the property was connected to one family: the upper floor was sold to our client, while the lower floor remained with the other side.
Over time, the household conflict developed into a more serious problem. According to the client, he could no longer use his property peacefully and now lives in another city.
At the same time, the client did not abandon the property. He started the procedure for surveying, condominium-style division and further regularisation of his part of the house.
That is when the main risk appeared.
Other persons initiated a court procedure for the physical division of the land under and around the house. Formally, the procedure is between them. In reality, however, it concerns the land without which our client cannot normally use his part of the building.
The client was not included in that procedure. His right of access, passage, use of the yard, maintenance of the building and participation in the regularisation of the land under the house was not reflected.
At the same time, he was offered to sell his part back at a price significantly lower than the price he had paid. He refused.
In this situation, we see signs not only of a neighbour dispute, but of an attempt to create conditions under which it becomes increasingly difficult for the owner to use his property and protect his rights.
The legal point is simple.
If a person owns a separate part of a house, their interests cannot be ignored when dividing the land under that house and the land necessary for normal use of the building.
Even if the land is formally registered to other persons, the yard, passage, access and land under the building cannot be dealt with as if the owner of another separate part did not exist.
What we did
KF-Legalafy, together with a licensed partner law office, prepared a court submission.
In that submission, we:
— indicated the client’s legal interest;
— requested access to the case file on the physical division;
— pointed out that the client is the owner of a separate part of the house;
— stated that no decision on the land should be made without taking his rights into account.
Main takeaway
When buying an apartment, a floor or a separate part of a house in Montenegro, it is not enough to check only the unit itself.
It is important to check:
— who owns the land under the house;
— how the yard is registered;
— whether there is a right of passage;
— who controls access;
— whether there are pending cadastral or court procedures;
— whether the property can actually be used after the land is divided.
Sometimes the main risk is not in the apartment.
It is under it.