Priposestvovanje služnosti v javno korist

slovenian

2014

volume 69, issue 3/4

Narodna in univerzitetna knjižnica
(Obvezni izvod spletne publikacije)

The article discusses the relationship between traditional easements and easements in the public interest. It describes the legal bases and the actual practice of regulating the property law position of public infrastructure networks that are installed in private land. In particular, acquisitive prescription of easements in the public interest under the previously and currently valid regimes in Slovenia is analysed. The admissibility of such acquisition by prescription in the light of constitutional provisions coupled with the issue of obligation to pay compensation is also assessed. The article also addresses the issue how the entry of infrastructure in the Consolidated Cadastre of Public Infrastructure affects the good faith of the purchaser of the burdened plot of land. In the last part, the authors discuss how to facilitate the regulation of property law position of different types of public infrastructure installed on others' land through specific legislation, taking into account the circumstances of their construction and operation.

20.01.2017