Review article

Encroachment of built structure on neighbour's land

Vicko Prančić ; County court in Split, Split, Croatia

Abstract

The provisions of articles 152 to 154 of the Ownership Law and other proprietary rights regulate cases of contruction in which the building is erected on land belonging to someone else, whereas the provision of article 155 of the Ownership Law entitled „Encroachment of built structure on neighbour's land“ regulates the case when the building has overstepped the boundary and encroaches on the neighbouring piece of land. The building as a single structure is, therefore, partly located on land which, legally speaking, belongs to the builder and partly on someone else's land. In other words, the building has been extended beyond the boundary and encroaches on somebody else's land. This kind of structure leads to extremely complicated legal cases, since the building cannot legally belong to two pieces of land at the same time, nor can parts of the building on one or the other side of the boundary have a different legal status since this is a single, indivisible building and not two stand-alone structures adjacent to each other along the boundary. Using legal - comparative solutions, the author analyses the building's encroachment of the boundary and the dilemmas that arise in the application of this new institute in Croatian law.

Keywords

Encroachment of built structure on neighbour's land; restoration of the former position; cash annuities; purchase of land

Hrčak ID:

39524

URI

https://hrcak.srce.hr/39524

Publication date:

12.7.2009.

Article data in other languages: croatian german

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