СУСЕДСКО ПРАВО У БУДУЋОЈ КОДИФИКАЦИЈИ ГРАЂАНСКОГ ПРАВА
THE NEIGHBOURING PROPERTY RIGHT IN THE FUTURE CIVIL LAW CODIFICATION

Summary/Abstract: The right to use the neighbouring real estate cannot be put into effect unless there is a minimum tolerance between the proprietors. The mere fact that real estates are physically (naturally) adjacent, which implies the owners' further cohabitation, calls for limiting the owners' property rights on the adjacent real estates. The regulation of neighbours' relations can be effected either through legal provisions (neighbouring property right in a narrow sense) or a legal contract (the right of real easement). The neighbouring property right empowers the real estate owner to use the neighbouring real estate, or to claim from the other estate owner to procure or to restrain from some action he is legally entitled to. The neighboring property right regulates the minimum tolerance between neighbours without which the property right will be impossible or very difficult to effect. Apart from the prohibition of excessive emissions, our legislature contains a small number of provisions on neighbouring property rights. In contrast to the neighbouring property right, real easement (servitude) is regulated on the federal level; real easement empowers the proprietor of one real estate (dominant tenement) to use another person's real estate in a specified way (servient tenement), or to ban the owner of the servient tenement to use it for the specified purpose. However, within the real easement right, the legislator has also anticipated easements which repose in the decision of the official state authority in case the owner of the dominant tenement, partly or on the whole, cannot use that property without appropriately employing the servient tenement (such as, for example, exigency pass). In the specified circumstances, the use of servient tenement is not the right of easement but a neighbouring property right. The right of real easement helps procure "comfort" and “convenience" for the servient tenement, whereas the restrictions (authorizations) of the neighbouring property right are a necessity.

• Details
• Contents