My neighbor has encroached on my land
What to do when a neighbor occupies part of your parcel or disputes the boundary.
What to do
When a neighbor occupies part of your parcel - by moving a fence, planting, building an auxiliary structure, or simply using land that belongs to you according to the cadastre - the first important thing is to establish how much time has passed since it happened, because that determines which legal route is available. The Law on the Basics of Property Relations (Zakon o osnovama svojinskopravnih odnosa) (Art. 75 and 77) provides special, expedited protection of the last peaceful state of possession: a claim for disturbance of possession can be filed within 30 days of the day you learned of the disturbance and of the person who caused it, and no later than one year from when the disturbance occurred. In this procedure the court does not go into the question of who the actual owner is - only the last peaceful state before the encroachment is protected, so proving the case is simpler, but the deadlines are strict and are not extended.
Before deciding which route to take, it is useful to obtain an extract from the real estate cadastre and the cadastral plan, to compare the registered boundary with the situation on the ground. If the boundary clearly does not match and the parties disagree, a court procedure for determining the boundary is also available - non-contentious proceedings in which the court, when there is no other reliable evidence of earlier peaceful possession, may set the boundary based on an equitable assessment of the circumstances of the case. For the question of who truly owns the disputed piece of land (as opposed to who last held it peacefully), an ownership claim is available, which is not bound by the short deadlines of a disturbance-of-possession claim.
Whenever possible, it is worth first trying to reach an agreement with the neighbor, if needed with the help of a surveying firm to mark the exact boundary according to the cadastral data - this is generally faster and cheaper than any court route, and does not rule out a later court resolution if the agreement falls through.
When to contact a lawyer
If not much time has passed since the encroachment, advice should be sought immediately, since the 30-day deadline for a disturbance-of-possession claim starts running from when you learned of it, not from when the claim is filed - a delay of just a few weeks can mean that faster protection is no longer available. A lawyer can also assess whether a disturbance-of-possession claim, an ownership claim, or a boundary-determination procedure suits you better, given the evidence you have and the neighbor's conduct.
Legal help is especially useful when the boundary is disputed because of a mismatch between the cadastral data and the situation on the ground (a common situation with older parcels), when a surveying expert opinion is needed, or when the neighbor disputes your ownership entirely, not just the exact boundary line.
Sources
- Tariff on Attorneys' Fees and Expense Reimbursement (Tarifa o nagradama i naknadama troškova za rad advokata, Sl. glasnik RS No. 43/2023), Items 13, 14, 15, 22 and 24
- Tariff on Attorneys' Fees and Expense Reimbursement, consolidated text (Sl. glasnik RS Nos. 43/2023 and 56/2025) (paragraf.rs)
What to do
- Immediately document the situation on the ground - photographs, video, and if possible the date you noticed that the neighbor's fence, plantings, or structure crossed onto your parcel.
- Obtain an up-to-date extract from the real estate cadastre (property sheet and cadastral plan/plan copy) for both parcels, to compare the registered boundaries with the actual state on the ground.
- If less than a year has passed since the encroachment, the priority is a claim for disturbance of possession - the 30-day deadline from when you learned of it is short, so the decision to file should not be delayed.
- Consider a peaceful resolution - attempting to agree with the neighbor on the boundary, possibly engaging a surveying firm to mark the boundary, which can save time and the cost of a dispute.
- If the boundary cannot be established from earlier peaceful possession or by agreement, a court procedure for determining the boundary is available in non-contentious proceedings, where the court, absent other evidence, may set the boundary based on an equitable assessment.
- For protection of the ownership right itself (not just the last state of possession), an ownership (vindication) claim is available, by which the owner seeks the return of part of the parcel from the person holding it without legal basis.
What it costs
The cost depends on the route chosen: a claim for disturbance of possession is an expedited procedure with lower court fees; court determination of the boundary often also requires a surveying expert opinion, the cost of which the parties bear proportionally. An out-of-court agreement with a surveyor marking the boundary is usually the cheapest option if the neighbor is willing to cooperate.
Basis for the attorney fee: Tariff on Attorneys' Fees and Expense Reimbursement: claim for disturbance of possession - Item 14 (non-assessable dispute, the fee does not depend on the value of the dispute); petition to determine the boundary in non-contentious proceedings - Item 22 (same fee as under Item 13, based on the value of the matter); representation at a hearing - Item 15 or 24 respectively.
FAQ
Does it matter who actually owns the land in a disturbance-of-possession dispute?
No. In a claim for disturbance of possession, the court protects the last peaceful state of possession, and the right to possession, the legal basis of possession, and the good faith of the possessor do not affect the outcome of that dispute. The question of who the real owner is gets resolved, if necessary, in a separate (ownership) dispute.
What if more than a year has passed since the encroachment?
A claim for disturbance of possession can no longer be successfully pursued once a year has passed since the disturbance occurred. That does not mean you are without protection - an ownership claim and a boundary-determination procedure remain available, just under different rules and a different burden of proof.
Can I remove the fence the neighbor put up on my parcel myself?
Unilaterally removing someone else's fence or plantings carries the risk that you yourself could be exposed to a claim for disturbance of possession or other liability, regardless of who the actual owner of the land is. It is safer to resolve the situation through agreement, a surveyor marking the boundary, or the courts.
Who bears the cost of the surveying expert opinion in a boundary dispute?
In non-contentious boundary-determination proceedings, the cost of the expert opinion is generally borne by the participants in proportion to their interest in the dispute, unless the court decides otherwise given the circumstances.