Construction on Somebody Else’s Property // Građenje na tuđem zemljištu

Abstract

Construction on somebody else’s property is a legal way of aquiring property rights. That is the case of an artificial growth of immovable property which is in existence when someone builds a construction project with his own material and work and locate it on somebody else’s land, and in addition to that there is not any contractual or other relations regulating that matter between the owner and the constructor. This institute is being under a reformation by the Proprietary law of Republika Srpska.General determination is to protect the owner of the land. Principle superficies solo credit is nearly carried out now. Only exception is the case when a constructor is scrupulous and the owner is unscrupulous. In that case the constructor becomes the owner of the building along with the land for its regular usage. In all other cases the owner of the land is preffered.