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Post by furious on May 2, 2012 10:14:15 GMT 1
We purchased the last bit of a Cull de sac private road ( 30m2) in order to park the car and there are steps going into the existing property with the house. The parking and steps have been like this since 1973. Now the neighbor claims that he has a right to enter the piece of the 30m2, i.e. use the steps, so he cut the existing fence from his property to gain entrance to the steps and made a gate. In the purchase agreement it was specified that these 30m2 are only for our use. These 30m2 were part of a privately owned road which at some stage or other might become Municipal property, hence the neighbor insists on his right to use the panhandle fully for his benefit. Does anybody know which law will apply to a private road.
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Post by Carol on May 2, 2012 10:21:58 GMT 1
Why did the purchase agreement say that they were exclusively for your use? Was that based on some documented agreement? Purchase agreements should not make untrue assertions like this, but sometimes sellers sign over a right like this that was not theirs to give away in the first place. Who checked the contract for you before you signed it? Ask them why they let this pass. Maybe there is evidence somewhere that the steps belong solely to your property.
Personally i'd be tempted to erect another barrier just inside you property. A concrete wall or something!
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Post by furious on May 2, 2012 23:09:13 GMT 1
The lawyer also suggested just put up a wall. This neighbor has given us grief for the last 7 years ( his retirement ), he is bored and we are foreigners. He says that his right goes back to 1973 when Okrug Gornje was established and hence the roads are still the original owner's private property, the Municipality does not want the roads as then they would have to do something about the drainage and general maintenance of these. The original owner also does nothing, so in desperation to get legal parking and steps to the property we bought these 30m2 off the original owners and at some stage or other incorporate this into our property. So now I am looking for the Croatian Law on Private roads, as the neighbour says he still has a right to use this area, although it now is being registered into our name.
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Post by furious on May 2, 2012 23:10:47 GMT 1
If we don't get a building permit for the wall the neighbor is again raising hell. And where do I get this in a hurry !!!!
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Post by furious on May 27, 2012 15:45:34 GMT 1
I am still looking for a law in Croatia if something has been say for 20 years is it then not based on " usage " and it is accepted as such and cannot be contested?
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Post by furious on May 31, 2012 20:52:59 GMT 1
Carol, thanks for the earlier reply. Fact is roads on Ciovo are still privately owned. In 1970 when subdivisions started, roads were established between areas. These were min. 3m, made wider except the panhandle leading to our property. All roads are for passing through by car or foot, so no parking. Detailed usage of these roads is mentioned in the Kataster, including the property before us. This was documented in 1970. That property was then sold in 1976 and the road clause was not mention in their Kataster papers. Our property was sold in 1973 and an extra paper was issued by the Okrug city hall to the effect that our property has the rights. At the time of our purchase the lawyer got the property papers ( not the 1970 one) but the ones issued now by the court of course showing reference on ours to the usage and on the other property there is no mention of these rights. Also their Purchase document does not include the road reference but building rights only. Has he now rights to remove walls he built in order to get access in addition to the one he has already to his property, he refers to the document of 1970 as having rights to the usage of the panhandle. Sorry to give you this all but the neighbour has given us grief for the last 8 years, we are also in the process of drawing up the documents for legalization ( which I believe you have to have in order to sell in future ) as all the previous owners did alterations without permission as we slowly found out. This probably applies to any property one would buy in Croatia.
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