Dictionary

Antichresis	Any agreement by which the pledgee secures the right to collect the fruits yielded by the property, or to make any other use of the property.
Actual use	means the data from the land cadastre, namely for agricultural land; water lands; infertile lands and built-up lands; the classification is used depending on the principal purpose of the building use; usually, the actual use is divided into 1) residential, 2) non-residential and 3) common use
Part of a building	is an area/a group of premises that can be independently legally regulated.
Allowing access	access to the land and entry into the common parts of the building must be provided by the owners and/or users of the land and buildings/parts of buildings to 1) a land surveyor, 2) an agricultural or forestry expert, 3) a designer, an employee of the Surveying and Mapping Authority of the RS (GURS) or a person authorised by the GURS, a land surveying company or a designer, if required for the performance of land surveying services or other tasks defined by the provisions, all of whom must be allowed to perform their measurements and observations.
Boundary determination study	contains 1) the proposed boundary to be recorded in the land cadastre as regulated (proposed boundary) and 2) the minutes of the boundary hearing based on the application for initiating the procedure of recording the regulated boundary; these two must be attached with the application for initiating the procedure.
Condominium	is created on the basis of a legal transaction or a court decision and the entry in the land register, as well as with an agreement on the division of co-owned property into condominium (agreement on division) or a unilateral legal transaction.
Recording of border	is made on the basis of the co-ordinates of land cadastre points.
Record of the national border	is the record kept by the GURS
Land surveying measurement	is the capturing of measurement/descriptive data on the property using instruments and measurement methods.
Land surveying services	are services stipulated by law that are provided by land surveying companies and the GURS.
Construction across the border	of a property means that someone constructs a building which reaches into, above or under a foreign property (constructor); in such case, the owner of the property or the constructor proposes to the court to decide, in a non-litigation procedure, on the arrangement of mutual relationships.
Graphic presentation	of the borders of the plots means a record of the plots with plot numbers and land under the building.
Mortgage	(lien) is the right of a mortgagee to recover debt, together with interest and costs, in the case of a default, from the value of the mortgaged property before all other creditors of the mortgagor upon the maturity of a secured receivable.
ID code	of the plot is the code of the plot related to the code of the cadastral municipality (c.m.).
Holder	enforces the actual power over the object on behalf of another person, with whose instructions they must comply (without possession).
Absence of a party	owner of the plot from the oral hearing means, in the case of their agreement on the course of the proposed boundary, that the hearing can be conducted anyway; in the case they disagree over the proposed boundary, it shall be deemed that they agree with the proposed boundary.
Boundary adjustment	is the procedure of changing the course of the regulated part of the boundary, recorded in the land cadastre, based on an agreement of the owners of the adjacent plots; the precondition for this procedure is that the area of the smaller plot that is being aligned does not change by more than 5% or not more than 500 m2.
Public good	is an item that can be used by anyone, in accordance with its purpose of use (general use), subject to the conditions of use which are stipulated by the law.
Public records	are 1) land cadastre, 2) buildings cadastre, 3) real estate register, 4) records of the state border and 5) register of spatial units.
Building cadastre	is the basic record of data on buildings/parts of buildings.
Land consolidation	is the unification of plots having different legal statuses regarding ownership rights, and division of the new property fund created after the unification into new plots of land.
Ownership right	is the right to have a thing in one's possession, use it and consume it, and dispose of it in the broadest possible manner.
Position and shape of a building	are determined by the floor plan of the building, the height of the building and the number of storeys.
Maximum mortgage	can be created by determining the maximum amount up to which the property can be used as collateral for the secured claims; it also secures all costs and interest related to the secured claims; if such claim secured by a maximum mortgage is assigned, the mortgage cannot be transferred.
Boundary settlement hearing	is organised for the owners of adjacent plots to show/describe to the land surveyor the course of the boundary on the ground.
Plot boundary	consists of several straight lines connected so as to form a complete polygon; the end points of the lines are land cadastre points; the boundary delimits the plot land from the land of one or several adjacent plots.
Boundary markings	It is assumed that the boundary markings, fences, trees, trenches and other items used for marking boundaries are the common property of the owners of the adjacent property.
Supra mortgage	is a lien on a receivable that is subject to the provisions regulating the lien on a receivable.
Errors in the will	in the boundary proceedings cannot be enforced in a complaint or an administrative procedure, but only in a litigation.
Property	is the land with the appertaining elements; also the spatially delimited part of the Earth surface, together with all elements.
New measurement	is a type of procedure for regulating the boundary in an area comprising at least ten plots or an area larger than three ha (the area of new measurement); it is carried out by a land surveying company that records the regulated boundaries after the procedure is completed.
New plots	created with land partitioning, with their boundaries recorded in the land cadastre in the scope of an administrative procedure introduced at the request of the plot owner and other beneficiaries entitled to land partitioning.
The decision on the recording of the regulated boundary	is issued by the GURS with the purpose of deciding on the request to record a regulated boundary.
The decision on the recording of land partitioning	is issued by the GURS in a summary fact-finding proceeding with the purpose of deciding on the request to initiate an administrative procedure for the recording of land partitioning.
The decision on the recording of land consolidation	is issued by the GURS with the purpose of deciding on the request to initiate the recording of land consolidation.
Waiver of the right to appeal	is a written statement of the beneficiary waiving the right to appeal, which can be submitted before the expiry of the deadline for appeal; on the date of issue of such statement, the administrative decision becomes final.
Restriction of ownership right	is the owner’s option to restrict such right either by way of a legal transaction (e.g. agreement on purchase or pre-emptive right) or a unilateral statement of will (e.g. prohibition of disposal or encumbrance).
Basic unit	of the land cadastre is the land plot.
Personal easement	(usufruct, use, easement to reside) is the holder’s right to benefit from or use a third-party property, which privilege lasts as long as until the holder’s death; if such easement is established for the benefit of a legal entity, its duration shall be limited to 30 years.
Marking of land cadastre points	of a regulated boundary in kind is made with boundary markers at the request of the plot’s owners.
Marking of a regulated boundary	in kind is made with boundary markers at the request of the plot’s owner.
Marking of the housing units	and business premises is made by assigning a serial number and a physical marker prior to the entry of a building/part of a building into the building cadastre.
Plot	is an undivided land property, located within a single cadastral municipality and recorded in the land cadastre with the boundary and an ID code.
Land partitioning	can mean either 1) merger of plots [creation of one plot from two or more plots having the same legal status with respect to the ownership right] or 2) division of plots [creation of two or more plots from one plot].
Land cadastre data	includes plot ID code; boundary; area; owner; manager; actual use; land under the building and land rating.
Agreement on mutual relationships between unit owners	unit owners must sign an agreement on mutual relationships to regulate the following, in particular: 1) the costs and obligations of the unit owners, 2) the method of setting up the reserve fund, 3) potential special limitations on the use of individual parts of the condominium, 4) method of using the common areas, 5) purpose of use of individual parts of a condominium, 6) method and procedure of unit owners’ actions in legal transactions, 7) method of managing common areas, 8) use of individual parts of a condominium for special purposes, 9) insurance of the building as a whole and 10) authorisation of the manager; a written agreement must be signed that applies to each new unit owner.
Additional entry	is an entry in the land register made with the purpose of: 1) entering a change to the property’s ID code, 2) making all entries related to the merger or division of property, or 3) entering a change to the data on the holder of the right to property.
Revision	of incorrectly recorded data shall be made by the GURS ex officio or at the beneficiary’s request.
Placement, relocation and removal of boundary markers	may only be performed by a land surveying company with authorisation to perform land surveying services; any filling or any other damaging of the boundary markers shall be prohibited; it is also prohibited to place, relocate or remove the boundary markers contrary to the law.
Possession	is direct actual power over an item (direct possession) or exercising of actual power through another party having direct possession (indirect possession).
Rights entered into the land register	the following rights to property are entered: 1) ownership rights, 2) mortgage, 3) land debt, 4) easement, 5) right to charge on property and 6) building title; subject to fulfilment of the prescribed conditions, the following obligational rights to property are also entered: 1) the right to prohibit disposal or encumbrance, 2) lease and rental right, 3) pre-emptive or purchase right, 4) special right for the use of public good, 5) other rights stipulated by the law to be entered in the land register.
Legal effects of the recording of the regulated boundary	in the land cadastre include the possibility of precise determination of the boundary or its coordinates in the event of potential subsequent boundary regulation procedure.
Preliminary note	is the land register record showing the obtaining/termination of the right entered in the land register and which takes effect if the preliminary note is justified.
Prohibition of disturbance	means that in view of the co-habitation or spatial connection of property, the owners must exercise their ownership right without disturbing and causing damage to each other.
Prohibited immissions	mean that the owner of the property must use it in such a way as to avoid the acts and eliminate the causes originating from his property and hindering the use of other (adjacent) properties to an extent exceeding the usual local standards, the nature and the purpose of the property, or causing significant damage (prohibited immission).
Acquirer:	is the person who obtained the right to be entered in the land register as the owner of the property, who has already filed a request to initiate the procedure of entering the ownership of the real estate to the land register.
Real estate register	is a multi-purpose database on real estate in the RS, which is established and kept for the purpose of providing data on the actual state of real estate in kind.
Register of spatial units	contains a record of cadastral municipalities, settlements, local communities, postal environments, polling stations, streets and house numbers.
Self-help	is the right of a proprietor to act against a person who disturbs/takes away their property without justification, provided that the threat is imminent and self-help is urgent, and that its method corresponds to the circumstances in which the danger exists.
Elements of land	are buildings and parts of buildings that have been recorded in the building cadastre.
Decision on the introduction of land consolidation	is issued by the GURS in a summary fact-finding proceeding with the purpose of deciding on the request to initiate administrative recording of land consolidation.
Co-ownership	means that several persons have the co-ownership right to an undivided item (co-owners), if the share of each of them is determined in proportion to the whole (ideal share); if the co-ownership shares are not specified, they shall be deemed to be equally distributed.
Total mortgage	can be created to collateralise the receivable on several items of property; in such case, a mortgagee may request the repayment of the receivable by selling the property of each mortgagor, in any order whatsoever.
Common property	means that several persons jointly own an undivided item (joint owners), where their shares are not determined in advance, but they may use and dispose of the item together, and are jointly and severally liable for the obligations arising from the jointly-owned item.
Easement	is the right to use an item belonging to another person or to exercise the right or demand that the owner of the item omit certain activities they would otherwise be entitled to take in relation to their item (servient item).
Easement registered for the apartment	is a personal (non-transferable) easement ensuring the right to use another person’s apartment or part of it for the needs of the holder of such easement and their family by preserving its substance.
Change of boundary	of a plot can be made through 1) land partitioning, 2) land consolidation or 3) boundary adjustment.
Change of data	in the building cadastre comprises the change of 1) number of the building/part of building; 2) position, shape or surface; 3) actual use; 4) apartment or business premises number; 5) merger or division of a building/part of building; 6) entry of a new part of the building and 7) deletion of a building/part of a building.
Building	is a structure a person may enter and is designed for their residence or performance of activity and cannot be moved without damage to its substance.
Building title	is a (non-transferable) right to own a building constructed over or under an immovable property belonging to someone else, which may not exceed the period of 99 years.
Parties	to administrative and other procedures are the owners of real estate entered in the land register.
Costs	of administrative procedure are the costs incurred by a party or another participant in an administrative procedure.
Expert land-surveying bases	is data comprising 1) remote sensing, 2) topographic and cartographic system and 3) basic geodetic system.
Charge on property	is the obligation of the owner of encumbered property to settle future duties or services.
Rights to property include:	1) ownership right, 2) mortgage, 3) land debt, 4) easement, 5) right to charge on property and 6) building title.
Real easement	is the right of the owner of the property (dominant item) to exercise, for their own needs, certain activities on the property owned by another person (positive easement) or demand that the owner of the servient item omit certain activities they would otherwise be entitled to take in relation to their item (negative easement); it does not, however, bind the owner of the servient property to take any action.
Number of storeys	is determined as the serial number counting from the lowest storey in the building upwards; the ground floor is defined separately.
Field inspection	is the capturing of descriptive data on the property based on inspection.
Ground plan of the building	is the perpendicular projection of the external contours of buildings to the horizontal plane, defined by the points in the national coordinate system.
Use of boundary	means that the owner of the property may use the fences, trenches barriers and other items used for marking boundaries up to one half of their width.
Administrative proceedings	may be initiated ex officio by the GURS for all administrative proceedings except for the recording of contractual and administrative land consolidation.
Building manager	if a property has more than 2 condominium owners and more than 8 individual units, the condominium owners must appoint a building manager.
Regulation of boundary	means 1) a procedure carried out by a land surveying company in the administrative proceedings of recording the boundary in the land cadastre (recording a regulated boundary) or also 2) court regulation of a boundary based on stronger right; it is assumed along the boundary that has been finally regulated in a cadastral procedure; if the stronger right is not proven, the court regulates the boundary along the last non-disputed property or by fairly dividing the disputed area.
Regulated boundary	is a boundary recorded in the land cadastre on the basis of an administrative act/court ruling and having the coordinates of land cadastre points determined in the national coordinate system determined with proper accuracy.
Regulated plot	is a plot with a regulated boundary and calculated area.
Regulation of a disputed boundary	the procedure is required if a boundary is still disputed after the hearing; in such case, the GURS invites the owners who disagree with the proposed boundary to initiate the procedure of regulation in court within 30 days.
Introduction of the procedure for recording the regulated boundary	is initiated at the request of the plot owner having the status of a party to the procedure and exceptionally, at the request of a state body, a local community body or other entities.
Usufruct	is a personal easement ensuring the right to use and enjoy another person’s property while preserving its substance.
Height of the building	is the difference between the above-sea-level of the highest and the lowest points of the building.
Entry	is the land register record showing the obtaining/termination of the right entered in the land register.
Entry of condominium	is made by: 1) entering the building in condominium and all its individual parts, 2) under each individual part of the building, the following is entered: (a) title as its basic legal position for the benefit of the person as a holder and (b) share of co-owned property in the common parts of the building in condominium, 3) for each item of property that is a common part of the building in condominium, this legal fact is entered as its basic legal position, 4) for each item of property that is a separate common part of the building in condominium, the following is entered as its basic legal position: (a) this legal fact and (b) title for the benefit of those individual parts in condominium, in the condominium of the current unit owner on which it is included.
Entry of mortgage	is made by entering data on the receivable and collateralised by mortgage, namely: 1) amount of the principal of the receivable and the currency of the principal, 2) if the principal of the receivable is revalued with a currency or another revaluation clause, this data is also indicated, 3) if interest is accrued on a receivable prior to its maturity, the data on the interest rate and the contractual interest, and the starting date for the accrual of such, are also indicated, 4) maturity of the principal of the receivable: (a) if the maturity is defined by a period, the data on the last day of such period is entered, (b) if the principal is repaid in several instalments, the data on the last day of the maturity period of the last instalment is entered, (c) if the maturity of the receivable depends on a creditor’s recall, such data is entered.
Entry of property	in the land register is made for 1) a land plot, 2) a building constructed on the basis of the building title, 3) condominium, 4) building title.
Entry of title	of each person as the basic legal position of the property is made by entering the ideal share of such basic legal position of the property in addition to the type of title.
Entry of building title	is made by: 1) the entry of a building title as new property and under it the data on the person holding the building title, and 2) the entry of the building title in the case of the basic legal position of a land plot on which a building title is established is entered as a secondary right and under it the ID code of the building title as property; if the building is constructed on the basis of a building title, both the constructed building and the ID of the building title under its basic legal position, and the property based on which it was constructed, are entered.
Entry of a regulated boundary	into the land cadastre is made on the basis of the final decision of the GURS on the recording of the regulated boundary.
Entry of land debt	is made according to the rules for the entry of a maximum mortgage by not entering the data on the holder (beneficiary).
Application for the entry of building	in the building cadastre is submitted by the investor of the construction, owner of the plot – building, holder of the building title, user of the building/part of the building or manager of the building (the applicant for the entry of the building).
Request for a change of data	of the building cadastre must be entered by the owner of the building/part of the building, holder of the building title or manager of the building, namely within 30 days after the changes.
Note	is a land register record showing the entry/deletion of legal facts that must be entered in the land register pursuant to the law.
Database	is the last entered list of data from the land cadastre, building cadastre and register of real estate.
Land	is a land plot recorded in the land cadastre.
Land below the building	is a perpendicular projection of the building cross-section with land on the horizontal plane, which is recorded in the land cadastre with the coordinates of the national coordinate system, with the area of the land under the building and the building ID code; it is determined in a procedure carried out by a land-surveying company and recorded in the land cadastre based on a study.
Land cadastre	is a register of real estate, national border and spatial units.
Land register	is a public book intended for the entry and publication of data on the rights to property and legal facts related to property.
Land register permit	is the express unconditional statement of the person whose title is being transferred, amended, encumbered or terminated, allowing the registration in the land register.
Land debt	is the right to claim repayment of a certain amount of cash from the value of the real estate that takes priority over the other creditors having lower priority.