ЕТАЖНА СВОЈИНА И ЈАВНИ РЕГИСТРИ
UNIT OWNERSHIP AND PUBLIC RECORD

Summary/Abstract: Recording of a right of ownership in a condominium unit has been legally regulated only by cadastral survey rules, while in land registers there is a lacuna regarding that . Where there is a cadastral survey, rights in condominiums, its units and common areas, are recorded in the sheet ,,B“ of the land certificate, with certain ambiguities. It is not clear whether the building as a whole has a separate owner, different from individual owners of its units; neither it is clear how the building as whole will be taken, when future apartment buildings are erected - will it, as a whole, be owned by the investor, or will it be immediately considered divided into units owned by individuals and common elements owned jointly, without any rights of ownership in the whole building. There is a problem of specifying the individually owned parts, which has partially been solved by the regulations on carrying out and maintaining cadastral surveys. The recording of common areas is not stipulated at all. Cadastral surveys include a provision on the principle of constituity of an irregularly effected registration. Upon comparing land registers and cadastral surveys, similar deficiencies can be noticed concerning individual units data to be recorded, while the procedures differ significantly. This all leads to a conclusion that condominium ownership is not properly regulated by our law, where indiviual units are defined in too narrow a way, and common areas too broadly; in cadastral surveys we can find a number of lacunae because the recording of the deed to an individual unit is adjusted to the general real estate recording rules; and that entrusting real estate records to administrative bodies necessarily results in a conflict of powers between the administration and the court.

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