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Our clients often have inquiries about establishing of abuttal and abuttal signs. We hope you will find the text below about these particular topics helpful.
Let us first define the term of abuttal.
1. Abuttal - definition
Abuttal may be defined as a demarcation line (a boundary) between the two adjacent real estate units/land plots, marking the space within which an owner has a full legal power over his real estate.
Abuttals, respectively the boundaries of the land plots are marked with abuttal signs that have an important role, particularly when it comes to construction of a residential facility. Therefore, it is highly recommended to establish the abuttal signs before starting the construction works, especially if the boundary between the land plots is disputable. Similarly, the abuttal signs are very important also when it comes to a real estate purchase.
2. What happens when the abuttal signs are not defined?
If the abuttal signs happen to be undefined, non-recognizable or destroyed, one of the real estate owners must initiate a procedure of establishing abuttal at the competent court (according to the location of the subject real estate). This procedure is regulated by the Law on Non-Contentious Procedure.
3. Court procedure
A proposition of establishing of abuttal between the adjacent land plots may be filed by any owner or possessor of the subject land plots or by a competent body, if regulated so by the Law.
After receiving a proposition, the Court may invite all the participants to a hearing in order to try to come to a mutual agreement on the abuttal. If the participants may not come to an agreement, the Court schedules a hearing on the spot, i.e. at the location of the disputable real estate. Besides the participants, a court expert-geodesist or other court expert is invited to this hearing, as well as the proposed witnesses, if deemed necessary.
The participants are required to take to the hearing all available documents, drafts and other evidence of importance for establishing of abuttal.
4. Decision on establishing of abuttal
If the value of the disputed abuttal surface does not exceed the value of small claims in civil procedure, the abuttal is established according to the stronger right or if that is not possible, according to the last peaceable possession.
If it is not possible to resolve the matter as described above, the Court shall perform equitable distribution of the disputed abuttal surface.
If pre-agreed so by the participants, the disputed abuttal may be defined by the Court on the basis of the valid cadastral mapping.
Furthermore, if pre-agreed so by the participants, the abuttal may be established by the Court according to the stronger right, regardless of the abuttal surface size.
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