Encumbrances (Section C)

MORTGAGE
Original name: HIPOTEKA
Definition of this right: A mortgage is a lien on the property that authorizes its holder (creditor) to a claim, if it is not realized after maturity, of reimbursement from the value of the property and the daily owner is obliged to tolerate it.
Type of right according to national classification: Right of lien.
Observations: Mortgages may be contractual or legal.

In this LR system these are the following:

EASEMENT
Original name: LICNA I STVARNA SLUZNOST. Easement appurtenant and easement in gross
Definition of this right: An easement is a limited right on someone’s property that entitles its holder to use the property in a certain way, and its owner is obliged to accept it.
Easement in gross is a burden imposed on immovable property in favor of one or more persons where the property belongs to another owner.

Easement appurtenant is a limited right of the owner of a certain real estate (dominant estate) to allow that someone else’s property (servient estate) be used for the purposes and needs of that particular property and whose owner has to accept it. Based in favor of the owner of the dominant estate. (Law on Property Rights of FBiH)

Type of right according to national classification: “Rights of use”.

Observations: There are many kinds’ easements the FBiH legislation, which are characterized by their purpose (right to way, servitude of waters and/or sewers, communication of buildings, distance between buildings…).