Immovable property

Immovable property holds an important place in the legal system, as do the real property rights of natural and legal persons: ownership rights, building rights, liens, land debt, property easements, personal easements and real encumbrance rights.

In accordance with the Law on Real Rights of FBiH, real rights to immovable property are acquired on the basis of a legal transaction, the law, court or other competent authority decision and inheritance.

Real property rights are entered in the appropriate court registers that provide access to data such as the size of a particular property, holders of property rights and any encumbrances on the property.

Ownership right to the property is acquired at the moment that right is entered in the appropriate court register. Therefore, no registry entry – no ownership right. Also, when buying property, the first step for the buyer is to check the land registry excerpt from the appropriate court register to verify the holders of property rights and any encumbrances on the property.

For our clients, we inspect the relevant court registers to collect information about the property and provide services required to enter or delete any rights from the register, subject to appropriate legal grounds.

Solid knowledge of the real estate market in Bosnia and Herzegovina makes our team top experts in finding, representation, negotiation and buying of suitable properties in the territory of Bosnia and Herzegovina.

According to the decision of the Constitutional Court of the Federation of Bosnia and Herzegovina, lawyers have acquired the right to draw up contracts that could previously be drawn exclusively by notaries, thus Law Office Rašid Haračić in Sarajevo now provides the following services to its clients:

  • Drawing up property purchase and sale agreements;
  • Drawing up gift agreements;
  • Drawing up lifetime support agreements;
  • Drawing up property division agreements;
  • Drawing up property easement contracts;
  • Drawing up property lease agreements;

The Law on Real Rights applies equally to both local and foreign natural and legal persons, subject to reciprocity (reciprocal relationship between states), which is assumed. Therefore, foreign natural and legal persons can also acquire ownership rights to properties in Bosnia and Herzegovina. For our foreign clients and clients from BiH – local and foreign natural and legal persons – we provide representation in the process of buying and selling immovable property in Bosnia and Herzegovina.

Concerning the matter of inheritance of property located on the territory of Bosnia and Herzegovina, the Law on Inheritance applies exclusively. Our team provides counselling services in matters of succession and resolution of complex inheritance cases.

We provide advisory support and representation of the parties in cases of co-ownership and in the process of dissolution of co-ownership, as well as condominium ownership.