СТИЦАЊЕ СТВАРНИХ СЛУЖБЕНОСТИ ОДРЖАЈЕМ
ACQUISITION OF REAL SERVITUDES BY PRESCRIPTION
Author(s): Miroslav LazićSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Правни факултет Универзитета у Нишу
Summary/Abstract: Real easements are obtained by acquisitive prescrition in a condition when the owner of the property in the benefit of whom an easement is obtained has performed the content of certain right of easements on somebody else property in the period of twenty years, during which the owner of the letter property in the same period of time, has not protested against performing of the content of certain right at his own property. By acquisitive prescription, in addition to positive easements (e.g. passage by car) some so called negative easements might be obtained (e.g. easements of the view by which it is prohibied to the owner of the bordering property to construct a building over the definite hight). Time period for the acquisitive prescription in negative easements begins from the moment when the owner of one property prohi¬bits to the owner of the bordering property to use his property in a certain way by invoking an easement and the letter agrees with the prohibiton.
Journal: Зборник радова Правног факултета у Нишу
- Issue Year: XXXII/1993
- Issue No: 32-33
- Page Range: 89-94
- Page Count: 8
- Language: Serbian