According to legal theory, actions qualifying as harassment of property rights can take various forms.
Harassment can be based on positive actions (acts) or omissions (non-action) of third parties. Whether a specific action or omission constitutes harassment depends on the circumstances of each individual case. It is irrelevant whether the defendant engages in harassment intentionally or in the belief that they are entiteled to do so.
In a specific case, defendant clearly failed to eliminate the noise they were producing, which was causing disturbance to the plaintiffs living in close proximity. This failure has been determined as unlawful. By the provision of Article 132 of the Law on Real Rights of the Federation of Bosnia and Herzegovina (Official Gazette of the Federation of Bosnia and Herzegovina, numbers 66/13 and 100/13 – ZSP), it is prescribed that if a third party unlawfully disturbs the owner or presumed owner in any other way, other than by taking away the property, they have the right to file a lawsuit demanding that the disturbance ceases. When such disturbance causes damage, the owner or presumed owner has the right to claim compensation for the damage according to the general rules of compensation.
In Article 76 of the Law on Property Rights of the Federation of Bosnia and Herzegovina it is prescribed that real estate must not be used or utilized in a way that causes smoke, unpleasant odors, soot, waste water, earthquakes, noise, etc., if such effects are excessive considering the purpose that corresponds to that real estate in accordance with the place and time, or if they cause significant damage, or are prohibited by the provisions of a special law (excessive indirect immissions).
Regarding the case in which this office successfully represented the plaintiffs in the civil proceedings No. 65 0 P 957612 22 P, concerning Protection from Harassment and Compensation for Damages, the Municipal Court in Sarajevo, case number 65 0 P 957612 22 P, issued a judgment on May 19th, 2023. The judgment obliged the defendant to cease harassing the plaintiffs in the exercise of their rights to property – specifically, a residential building and yard – by eliminating the causes of excessive indirect emissions and taking appropriate measures to prevent or reduce excessive emissions (noise) and the occurrence of damage in the future. Additionally, the defendant was ordered to pay each plaintiff individually amounts totaling 7.500,00 KM for non-material damage or emotional distress due to a reduction in general life activities. This amount is to be increased by legal default interest from the date of filing the lawsuit, i.e., March 29th, 2022, until the final payment. Furthermore, the defendant is required to reimburse the legal costs of the proceedings in the amount of 2.414,20 KM, all within a period of 30 days.
If you need advice on the topic of protection from harassment and compensation for damages in Bosnia and Herzegovina, whether you are an individual, a company, a member of a company, a director, or a founder, or if you need a lawyer for Corporate law, feel free to contact us directly via phone (+387 62 342 463), WhatsApp, Viber, or email (rasid@haracic.ba).
