Lawyer Bijeljina – property-legal relations, real estate and representation before the courts in Bijeljina

How much does a lawyer in Bijeljina cost and how is the price determined?

The fee for an attorney's work is determined by the applicable attorneys' tariff; for proceedings before the courts in Republika Srpska the Tariff on fees and reimbursement of costs for the work of attorneys of Republika Srpska applies. Unless the attorney and the client agree otherwise in writing, the attorney is entitled to a fee under the tariff, which may also be agreed as a lump sum, by the hour or according to the value of the dispute. As lawyers in Bijeljina, before every engagement we provide a written introductory offer with an estimate of costs, so that the price is clear and without hidden items.

Can a lawyer whose office is not in Bijeljina, or is in the Federation of Bosnia and Herzegovina, represent clients before the Bijeljina courts?

Yes. Under the Law on the Legal Profession of Republika Srpska, before the courts and authorities in Republika Srpska natural and legal persons are represented by an attorney entered in the Register of the Bar Association of Republika Srpska or in the corresponding Register of the Bar Association of the Federation of Bosnia and Herzegovina. A search for lawyer Bijeljina or lawyers in Bijeljina therefore most often leads to a lawyer who conducts cases before the Bijeljina courts, regardless of where the office is seated. Our office is based in Tuzla but validly represents clients before the Basic Court in Bijeljina, the District Court in Bijeljina and the Supreme Court of Republika Srpska, most often through communication by e-mail, post and telephone.

Can I, as a foreign national, buy real estate in Bijeljina or elsewhere in Republika Srpska?

Most often yes. Under the Law on Property Rights of Republika Srpska, foreign persons acquire the right of ownership of real estate under the condition of reciprocity, which is presumed, except for countries with which reciprocity does not exist. The condition of reciprocity does not apply when real estate is inherited, and acquisition is not permitted in areas protected by law. It is important to know that persons born in Bosnia and Herzegovina and their descendants, even without citizenship, are not regarded as foreigners, so they buy under the same conditions as domestic citizens. Before a purchase, as lawyers in Bijeljina we check the specific status of both the buyer and the property.

How can I buy or sell real estate in Bijeljina from abroad by power of attorney?

The entire matter can be handled remotely. The client signs a power of attorney before a notary in the country of residence, and for countries that are not parties to the 1961 Hague Convention an Apostille certification is required. On the basis of such a power of attorney, a lawyer Bijeljina checks the land register and the cadastre, drafts and carries out the contract, represents the client in notarial processing and registers the right of ownership in the public registers. In this way clients from the diaspora buy or sell real estate in Bijeljina without coming to Republika Srpska.

What should be checked before buying real estate in Bijeljina?

Before every purchase it is verified whether the property is registered in the seller's name and whether it is encumbered. This includes inspection of the land register at the competent court and of the cadastre, verification of mortgages, notes, third-party rights and any earlier expropriation. Only after that does one proceed to the notarial contract. The real-estate transfer tax is, as a rule, borne by the buyer, so it is good to know that obligation in advance. These checks are the most important step by which we help the client avoid later disputes.

What is the difference between the right of ownership and possession of real estate?

The right of ownership is the most complete right over real estate and is entered in the land register, while possession is factual control over real estate that need not correspond to the registered right. In practice it is common for someone to be in possession for years of real estate that in the land register still stands in the name of a former owner or ancestor. In such cases a lawyer Bijeljina conducts proceedings to align the land register with the actual situation, registration on a valid legal ground and, where necessary, the establishment of ownership in litigation.

Which court in Bijeljina has jurisdiction over my case?

The Basic Court in Bijeljina at first instance handles civil and non-contentious matters, conducts enforcement proceedings and deals with land-registry matters. The District Court in Bijeljina decides on appeals against decisions of the basic court and hears certain first-instance cases, while the District Commercial Court in Bijeljina has jurisdiction over commercial disputes and insolvency. Revision is decided by the Supreme Court of Republika Srpska, and an appeal for the protection of constitutional rights is filed with the Constitutional Court of Bosnia and Herzegovina. Which court exactly has jurisdiction depends on the type and value of the case, which as lawyers in Bijeljina we assess after reviewing the documentation.

How long do court proceedings before the courts in Bijeljina last?

The duration depends on the type and complexity of the case, the number of parties and witnesses, the court's caseload and any appeals. Simpler enforcement and land-registry proceedings can be concluded relatively quickly, while first-instance civil proceedings most often last from a few months to several years, with the possibility of appellate and revision proceedings. The Law on the Protection of the Right to a Trial within a Reasonable Time of Republika Srpska protects a party's right to a trial within a reasonable time. We give a realistic estimate of the duration only after reviewing the documentation and the legal nature of the dispute.

How can the land register and the cadastre be aligned if the data are old or incorrect?

A mismatch between the land register and the cadastre is a frequent problem. It is resolved through land-registry proceedings before the competent basic court, by registration on the basis of valid documents, the correction of erroneous earlier entries, the deletion of outdated encumbrances or the harmonisation of the data. When documents are missing or the chain of transfers is broken, lawyers in Bijeljina obtain the necessary documentation and, where needed, establish ownership in court proceedings.

How do I arrange a consultation and start cooperation with a lawyer?

Whether you have searched for lawyer Bijeljina or lawyers in Bijeljina, cooperation begins with contact by e-mail or telephone and a brief description of the legal problem. After we review the documentation, we provide the client with a written offer and a legal-services agreement, and the client then signs a power of attorney. A consultation is possible in person at the office in Tuzla or remotely by telephone and video call, which is particularly practical for clients from Bijeljina and abroad. Booking an appointment is required.