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Post by sarah1 on Aug 13, 2007 0:54:39 GMT 1
Our neighbour lives in Germany and comes for two weeks every summer for a visit. Each time he comes he likes to build a new wall, which has been mildly troublesome but not troublesome enough to merit engaging in a battle with him.
However, this summer his wall building took a turn for the worse. He is greatly upset with another neighbour [she tried out her new strimmer on a piece of grass he owns and he thinks she is trying to steal it from him] and he is now building a new wall. This wall is on a path which is twenty metres long and 3 metres wide and is owned half by him and half by the local opcina. He is building the wall right down the middle of the path - which is very annoying because it goes right past the front of our house. An inspector from the local opcina came and told him to stop building it, and he seemingly has now gone a little bit more mad than usual [running about waving his spade and shouting, claiming he is going to blow up his house himself..that sort of thing].
What I was wondering is if anyone knows where in Narodne Novine I might be able to find anything related to legal access to property? I would be very grateful for any pointers - I have been looking but have had no luck.
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Post by darcy on Aug 13, 2007 11:59:38 GMT 1
Aa much as I have a knowledge about the similar cases, your neighbour is 100% right as he was never compansated for the path. He is probably fighting a long court case with Opcina in a court which is asked to delay the case as long as it takes. There is a large number of such and similar cases.
There is nothing wrong with the law.
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Post by capio on Aug 13, 2007 12:09:35 GMT 1
You should declare Independence and put up a wall around your entire estate. That'll teach him.
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Post by sarah1 on Aug 13, 2007 12:37:37 GMT 1
I am not so interested in the rightness or wrongness of the law, I just was wondering if anyone knew about the law on access to property - I know there is one somewhere. Although I am hoping to avoid court , neighbourly relations have got to the point where it is time to start digging about in the laws.
The neighbour has nothing to be compensated for. He brought his half [it was included in the land parcels that he brought along with his house], and the other half of the path was already owned by the opcina....
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Post by darcy on Aug 13, 2007 12:53:23 GMT 1
The second part of the path should be also owned by the Opcina, just as all other public property. You pay a rate every year + if you ever want to build, they gonna rip you off for that silly path to your house.
I am sure your neighbour is right. I do not approve his methods, but I have sympathy for him. At least he is fighting the corrupt and broken system.
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Post by Carol on Aug 13, 2007 13:07:38 GMT 1
Hi Sarah are you asking if there is some law which gives people a right to cross someone else's property to get to their own? If so, then I have to say i don't think there is (NB think not know). I am basing this on the large number of ownership and inheriatnce solutions I have seen in Croatia. Usually if there is a right, it says so in the contract when you bought it. The only other way i have seen people be granted access is if they use the route long enough they can apply to the court to be granted the right.
Its probably not the full answer that would have helped, but I think its about as much as you will get out of this forum. I would suggest you contact a lawyer for a more definitive answer.
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Post by Carol on Aug 13, 2007 13:09:10 GMT 1
Is the problem that you need to drive along the shared land with your car?
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Post by sarah1 on Aug 13, 2007 22:27:04 GMT 1
Thank you for your advice and very helpful question Carol! Yes - access by car is the problem, which thinking about it probably makes my search for my hoped-for-law not so important. Someone told me years ago about a law regarding access to property [it is quite likely that my memory is just being hopeful here] - something about everyone having the right to gain access to their property. But the more I think about it, the more my memory tells me that this was a law concerning access by foot and not by car. This we already have [we can walk on the opcina's half] as long as we don't get too wide! I think you are right - it is lawyer time [we have been hesitating - a bit of a 'moment' for neighbourly relations when the lawyers get involved].
And thank you for your advice too Darcy! Sadly, he is not engaging in a protest with the opcina, nor has he got a case waiting there with them. If he was engaging in some form of protest at least it would be possible to try and feel some sympathy for his activities. But no, he openly admits he is doing this to get revenge on the other neighbour [her house is on the same path] for secretly plotting to steal his land with her strimmering [if such a word exists]...
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Post by californiacro on Aug 13, 2007 22:39:28 GMT 1
Thank you for your advice and very helpful question Carol! Yes - access by car is the problem, which thinking about it probably makes my search for my hoped-for-law not so important. Someone told me years ago about a law regarding access to property [it is quite likely that my memory is just being hopeful here] - something about everyone having the right to gain access to their property. But the more I think about it, the more my memory tells me that this was a law concerning access by foot and not by car. This we already have [we can walk on the opcina's half] as long as we don't get too wide! I think you are right - it is lawyer time [we have been hesitating - a bit of a 'moment' for neighbourly relations when the lawyers get involved]. And thank you for your advice too Darcy! Sadly, he is not engaging in a protest with the opcina, nor has he got a case waiting there with them. If he was engaging in some form of protest at least it would be possible to try and feel some sympathy for his activities. But no, he openly admits he is doing this to get revenge on the other neighbour [her house is on the same path] for secretly plotting to steal his land with her strimmering [if such a word exists]... Is it to late to sit down with all your neighbors with some goodies & beverages (beer) haha and talk as neighbors and friends before it goes to lawyers and hating each other. Maybe all you need is a sit down.... the neighbor can explain that she was just trying to be helpful...... sometimes it just takes a small effort to find out what everyone is thinking.... and sometimes you realize that things were just misunderstandings, nothing more. After a few beers, you could all walk off with a solution...no lawyers fee's and good friends  |
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Post by Carol on Aug 14, 2007 8:12:01 GMT 1
i think that is good advice. Fighting with neighbours is never a good idea. I know you have been restrained so far, but maybe he's backing himself into a corner and would respond well if you were to give him a get out?
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Post by darcy on Aug 14, 2007 12:19:14 GMT 1
I have neighbours with very similar problem like you and I expressed to them my full support (what else I can do). It is possible some of them will make a stupid call and block the road at some point (I would not be surprised), but that is something you have to live with. In any case, I will hold the council fully responsible.
My neighbours are trying to get full compensation thru the court, but it obviously does not work...
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Post by valiant on Aug 18, 2007 21:33:40 GMT 1
croatia is full of weird neighbours. intollerent people generally in croatia.
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Post by capio on Aug 18, 2007 22:34:37 GMT 1
croatia is full of weird neighbours. intollerent people generally in croatia. Valiant, this forum needs more regular visits from you, you crack me up everytime you come back. |
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Post by jill on Aug 19, 2007 14:03:03 GMT 1
Hmm... sounds to me like you'll have to get towels out at dawn...Germans are unfortunately sooo territorial and feel the need to mark their property even more than the English...seems such a waste of energy.
I would have thought althought he may 'own' half of the road. He would not, by law be able to block any vehicular access to any other property (i.e. not be able to build a wall or fence on it). This is how it would be in Italy anyway.
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Post by justapixel on Aug 19, 2007 14:52:50 GMT 1
That drives me crazy, Germans and their towels on the beaches. Jill, they leave them there all night, and it's all over the beach, but if you remove them or fold them up, Germans are running from some secret spot where they were watching you and they are ready for fight. It's their spot! Incredible  That would explain Zagorje. I wonder if they have as many territorial neighbor disputes at courts in Germany... . |
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