Review article

Further Writings on Acquiring the Ownership over the Real Estates in Public Ownership by Means of Adverse Possession

Jasna Brežanski ; Vrhovni sud Republike Hrvatske

Abstract

The article actualizes an issue concerning the implementation of adverse possession institute in regards to acquiring the right of ownership over the real estates in public ownership.
The author was inspired to write about this topic by legislative amendments, first of all by the succession and amendments of the Law on Basic Property-Rights Relationships, which abolished the ban to acquire the right of ownership over the public property by means of adverse possession. Further legislative steps were taken by the enactment of the Law on Ownership and other Property Rights with provisions on course of adverse possession time limits applied when acquiring the public ownership. A special attention must be given to interpretation of these legal provisions and their effects.
The author analyses the above mentioned provisions, presents their interpretation and scrutinizes their effects strongly emphasizing the legal frameworks of presumptions set by the law to acquire real property rights by means of adverse possession in general as well as the public ownership.

Keywords

adverse possession; public ownership

Hrčak ID:

52633

URI

https://hrcak.srce.hr/52633

Publication date:

10.4.2009.

Article data in other languages: croatian

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