LAND REGISTRY REFORM IN THE REPUBLIC OF SRPSKA AND ITS CONSEQUENCES
LAND REGISTRY REFORM IN THE REPUBLIC OF SRPSKA AND ITS CONSEQUENCES

Summary/Abstract: The Law on Survey and Cadastre in the Republic of Srpska entity introduced a system of recording real estate and rights to them through the so-called the Unique real estate records. Historically, the system of a single real estate record is not a novelty in our legal climate. The Law on Survey and Cadastre of the Republic of Srpska from 2011 represents continuity in the intention of the entity legislator to continue with the legal heritage of the former SFRY and bring the legal solutions in the field of land registry law in the entity of Republic of Srpska closer to the legal solutions of the Republic of Serbia. The decision, provided by law, to transfer the burden of establishing the real estate cadastre and keeping records on the rights to them to the administrative body leaves room for abuse, especially with regard to property rights of returnees, refugees and displaced persons who for objective reasons are not able to actively participate in the process of establishment of the unique real estate records. Restricting the right to judicial decision on real estate rights in the process of establishing a single real estate cadastre is contrary to international norms on the right to property as an inviolable human right. The Law on Survey and Cadastre of the Republic of Srpska actually represents the continuation of the realization of the goals of the Declaration on the Proclamation of the Republic of Serbian People of Bosnia and Herzegovina and to legally complete the process of ethnic cleansing of non-Serbs and genocide against Bosniaks.

• Details
• Contents