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Real estate law

Law firm Vaić & Dvorničić Ltd. > Real estate law (Page 2)
23 January
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Real estate tax

Posted by Admin
in Real estate law, Tax law

Croatia, with approximately 3.87 million inhabitants, has over 2.4 million housingunits, including 600,000 unoccupied ones and 231,000 holiday homes. These figuresand the issue of long-term housing availability have prompted the government todraft a new Real Estate Tax Act. The primary aim is to reduce the tax disparitybetween income earned through labor and rental income, as rental income has sofar been taxed more favorably. This act, part of a broader tax reform, focuses onencouraging investment in productive sectors rather than solely in real estate. Thegoal is for this tax to completely replace the holiday home tax. Key changes The first change involves the...

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25 July
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Civil division of co-ownership

Posted by admin
in Property law, Real estate law

Civil division represents one of the judicial methods of terminating co-ownership, which is applicable when physical or geometric division of co-ownership is not possible or permitted, or when it could not be carried out without significantly reducing the value of the property. It should be noted that the prohibition of the termination of co-ownership applies only to physical division, but not to civil division, unless it is explicitlyexcluded by law. If the subject of the dissolution is real estate, it will be sold at a publicauction according to the provisions of the Enforcement Act, which we will discuss in more...

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19 July
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Physical division of co-ownership

Posted by admin
in Property law, Real estate law

Each co-owner has the right to terminate co-ownership, if possible and permitted, and this right does not expire. Co-ownership can be terminated through an agreement (voluntary termination) or through the court (judicial termination). This is a non-litigation proceeding, and in the event of a dispute regarding the subject of the division, the scope of the joint property, the rights of individual co-owners or the size of their shares, the court will direct the party to a civil procedure. We will further elaborate two ways of co-ownership dissolution – physical partition and the establishment of condominium ownership. Physical division The court is not bound...

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10 July
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Enforcement – Real estate

Posted by admin
in Enforcement law, Property law, Real estate law

Real estate enforcement is a procedure in which a creditor requests the competent court to estimate and sell the debtor's real estate to satisfy their claims. According to the provisions of the Enforcement Act, which regulates the enforcement procedure in the Republic of Croatia, the subject of enforcement can only be real estate, determined by the rules governing ownership,other property law and land registry. If co-ownership (an ideal co-ownership part of the real estate) has beenestablished regarding the real estate, that part can independently be the subject of enforcement. The court determines the value of the real estate based of expert...

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09 March
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Apartment ownership of foreign natural persons in Croatia – practical issues

Posted by admin
in Property law, Real estate law

According to the positive regulations, foreign natural persons who are the apartment owners in Croatia still cannot categorise their apartments, neither rent them and pay tax for it. Therefore, foreign natural persons often use their apartments to host either their real friends or fictive friends, and that way illegally earn their weekly rent in cash. At the same time, one should bear in mind that a house owner can host his friends in apartment under condition of registering them with the tourist board or the police within 24 hours after the arrival and signing of within 24 hours after the departure as...

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07 March
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Acquisition by adverse possession of ownership shares

Posted by admin
in Property law, Real estate law

As one of the ways of acquiring the ownership of real estate under the law is the acquisition by adverse possession. It is an institute based on exclusive possession for a statutory period, where the title to real property is acquired by the disseisor who holds the property lawfully, truly and in good faith for ten years continuously or only in good faith, when the law requires twenty years of continuous possession. Regarding the possession of real property owned by the Republic of Croatia, county and local governments and legal persons with equivalent rights, as well as the goods owned by...

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07 March
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Boundary line regulations in the republic of Croatia

Posted by admin
in Land registry law, Real estate law

In the Republic of Croatia boundary lines are often a subject of legal disputes. A legal dispute with neighbor/s regarding boundary lines often emerges when, for example, an investor buys a building land and starts to build. These disputes can last several years.This also happens to the natural persons when, for example, they inherit building land and start with the building.These problems could be efficiently avoided when all natural and legal persons would, prior to entering into sales contract, hire a surveyor to measure and map the land and determine the boundary lines. The surveyors’ conclusion must be signed by all the neighbors. In case all the neighbors wouldn’t sign this...

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14 February
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Property relations of spouses in Croatia: regulations under family law

Posted by admin
in Family law, Property law, Real estate law

In the Republic of Croatia, family law regulates the property relations of spouses. Here isan overview of marital and personal property and the significance of marriage contracts: marital property: Marital property includes property acquired through work during the marriage as well as property derived from it. Spouses are co-owners in equal shares, unless they have agreed otherwise. Gambling winnings and property benefits from copyrights and related rights also fall under marital property. separate property: A spouse's own assets consist of property owned before the marriage or acquired during the marriage, but not through work, gambling, or pecuniary benefits from copyright. Inherited assets...

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14 February
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Financial Affairs of Spouses in Croatia: Regulations under Family Law

Posted by ja4my
in Family law, Property law, Real estate law

In the Republic of Croatia, family law governs the financial affairs of spouses. Here is an overview of marital and personal property, as well as the significance of prenuptial agreements: Marital Property:Marital property includes assets acquired through work during the marriage, as well as wealth derived from them. Spouses are co-owners in equal shares, unless agreed otherwise. Gambling winnings and financial benefits from copyrights and related rights also fall under marital property. Personal Property:A spouse's personal property consists of assets owned before the marriage or acquired during the marriage but not through work, gambling, or financial benefits from copyrights. Inherited assets or...

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21 November
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Mortgage as security for a claim

Posted by Vaic
in Enforcement law, Real estate law

A loan often enables larger investments such as buying a house or an apartment. Such loans are almost always secured by a mortgage on real estate. The mortgage also serves as security for another claim against the debtor. Croatian law recognizes only a mortgage on real estate as a lien right. The mortgage can be registered voluntarily, judicially, or as a lien right. Creation and registration of a mortgage The mortgage is established by entry in the land register. The establishment of a mortgage does not transfer ownership, and the creditor does not have the right to use the real estate burdened by...

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