Disputes about property rights, easements, way of necessity

Law of property disputes are very common in our country, which is why we are dealing with these disputes in our office on a daily basis. We offer you legal assistance and representation in all disputes concerning law of property,in particular in the following cases:

We have many years of experience in procedures for protecting ownership, enforcement of easements, way necessity, cessation of nuisance and other matters concerning law of property.

Neighbourly disputes

In addition to disputes related to the inheritance, neighbourly disputes are the most frequent in Slovenian society. These disputes are, in particular, related to unregulated land boundaries, increased legally allowed nuisances (eg runoff of meteoric water), trespassing of property (setting obstacles on a private road, pouring building materials on the lawn, etc.) or establishing a way of necessity for the real estate, which for it’s regular use does not have necessary connection to the public road.

Given that we can not completely avoid meeting our neighbors in our everyday life, it is particularly recommended in these disputes to find a solution acceptable for everyone. We offer legal counseling in out-of-court settlements and we provide legal assistance in court proceedings.

Division of property

The question of the division of property is most pressing in case of dissolution of marriage or cohabitation. It is no less burning, however, when co-owners / joint owners of real estate decide to divide co-ownership / joint ownership, especially in cases where they become co-owners in probate proceedings. The co-ownership can be divided in three ways: the division of property in kind (ie physical division), division by selling the property and repaying from the proceeds of sale (ie civil division) or division by purchasing the propery.

By dividing of co-ownership, easier management of property is achieved, because the owner of the divided property can, at his own will, without needing the consent of the other co-owners, change that property, encumbrance it, alienate it, etc.

We primarily try to find an agreement that satisfies the interests of all co-owners. If the agreement between co-owners is not possible, then we file a proposal for the division of co-ownership.

Buying and selling real estate

Buying and selling apartments, houses or other real estate is often the biggest life project of many individuals. Buying and selling procedures depend on the type of real estate that is the subject of purchase or sale so we first explain to the clinets the course of the procedure and the time frame of this procedure. A great deal of caution is needed when buying and selling real estate, both on the buyer’s side and on the seller’s side. The entire factual and legal situation of the real estate need to be checked.

Our guideline is to draw a contract that clearly and precisely defines the legal relationships between the contracting parties and which constitutes adequate insurance for all parties. We assist our clients with negotiating for the conclusion of a contract, with notifying the contract itself to state authorities (the Financial Administration of the Republic of Slovenia, the Ministry of Defense, the Ministry of the Environment and Spatial Planning) and until the conclusion of the procedure, i.e. until the registration of the property right into the land register. We also arrange appropriate insurance and guarantees.

In particular, we have extensive experience and knowledge in the purchases and sales of protected lands. For the valid and successful sale of these, according to the Agricultural Land Act, a special contracting procedure is required for which various certificates need to be obtained by the competent administrative units. It is also necessary to post the notification on the bulletin board and to notify the financial administration.

In every case we advise our clients about the types of contracts and procedures, needed to achieve the set goals. At the same time, we precisely explain our clients the risks to which they are exposed in a particular business.