Lawyer for property legal relations
Property-legal relations are legal relations related to property and the rights arising from the right of ownership, use, disposal and transfer of property.
The office provides counseling services to clients regarding property and legal status. In particular, we provide services for the drafting of real estate transactions (purchase, sale, lease, free use, gift, exchange), agreements on division, parceling and reparceling and obtaining the necessary documentation in the aforementioned procedures. We also provide representation services in registration, change and registration procedures before the real estate cadastre, obtaining and drafting documentation in legalization procedures before the departments for legalization and construction affairs of competent state authorities in cooperation with experts in the field of construction, geodesy and architecture. In the area of property law services, we represent clients before the Agency for Commercial Registers when registering a lien in the Register of Lien Rights, as well as before the competent courts in proceedings concerning the aforementioned property-legal relations.
Key aspects of property-legal relations:
- Right of ownership:
- The right of ownership means the right to use, manage and dispose of things.
- Different forms of ownership (e.g. individual, joint, co-ownership),
- Registration of property rights in public registers (Real Estate Cadastre).
- Transfer of property:
- Transfer rules, including purchase, sale, gift and inheritance.
- Obligations of the parties in the mentioned business.
- Implementation of the change before the competent real estate cadastre and other state authorities.
- Restrictions and burdens:
- Rules on encumbrances on property (e.g. mortgage, easements).
- Restrictions on the use of property (eg regulations of local self-government units, environmental restrictions).
- Lease right:
- Lease agreements, rights and obligations of lessors and lessees.
- Property protection:
- Legal mechanisms for the protection of property against illegal appropriation or damage (eg property lawsuits, lawsuits due to disturbance of possession, etc.).
- Jurisdiction:
- Disputes related to property-legal relations are usually resolved before civil courts.
Legislation
In the Republic of Serbia, property-legal relations are regulated by various laws, including the Law on the Basics of Property-Law Relations, the Law on Obligations, and the Law on Inheritance.
Application of property-legal relations
Understanding property-legal relations is of key importance both for natural persons and for economic entities, i.e. legal entities, because it helps in managing property, protecting rights and resolving potential disputes.
If you have specific questions about property-legal relations or want more detailed information about some property-legal aspect, we are at your disposal!