Eigendomsbewijzen in Montenegro uitgelegd

When purchasing real estate in Montenegro, the most critical document you and your lawyer will review is the title deed, officially known as the List Nepokretnosti (Real Estate List). This document serves as the absolute record of ownership, property specifications, and active legal encumbrances. This guide explains how to read and verify this document.

Structure of the List Nepokretnosti

The Real Estate List is issued by the Cadastre and State Property Administration (Uprava za Katastar i Državnu Imovinu) and is divided into three primary sections:

• Section A (Podaci o Zemljištu): Outlines the land parcel details, including the parcel number, surface area, and land classification (e.g., pasture, yard, forest).
• Section B (Podaci o Imatelju Prava): Lists the registered owners of the property, their shares of ownership (e.g., 1/1 for sole ownership), and identification details (JMBG for locals, passport numbers for foreigners).
• Section C (Tereti i Ograničenja): The most critical section for buyers. It lists all encumbrances, mortgages, active court disputes, tax liens, or lack of building permissions (Zabilježba postojanja objekta bez dozvole).

Common Red Flags to Look For in Section C

Before proceeding to a notary to execute a purchase agreement, check for these red flags:

• Active Mortgages (Hipoteza): The seller must provide an official statement from the bank confirming that the mortgage will be discharged immediately upon receiving the purchase price.
• Lack of Permit (Bez Dozvole): Many properties built during the construction boom lack building permits. While common, buying an unpermitted property carries the risk of future demolition or regularization costs.
• Restitution Claims (Restitucija): Claims by previous owners who were expropriated during historical political regimes. These claims can delay or block property transfers.