What is the prescription period for real estate in Montenegro? 10 years for a lawful possessor in good faith, and 20 years for a possessor in good faith.
Local searches show what people want to know about prescription: "održaj" (acquisitive prescription) is followed by "nepokretnosti" (of real estate), "sudska praksa" (case law), "na državnoj svojini" (on state property), "na javnoj svojini" (on public property) and "na delu parcele" (on part of a plot), "održaj nepokretnosti" by "rok" (period), and "sticanje svojine održajem" (acquiring ownership by prescription) by "sudska praksa" (case law), "na državnom zemljištu" (on state land) and "tužba za sticanje svojine održajem primer" (sample claim for ownership by prescription). The rules on prescription are set by the Law on Property Relations.
This article explains what acquisitive prescription is, the periods, what possession in good faith and lawful possession mean, what applies to heirs, public goods and third-party rights, how prescription is registered and what to watch when buying a plot.
What acquisitive prescription is
Acquisitive prescription is the acquisition of ownership of someone else's property through the passing of a statutory period during which a person held it as their own. The law distinguishes ordinary and extraordinary prescription:
| Type | Who | Period for real estate | Period for movables |
| Ordinary prescription | Lawful possessor in good faith | 10 years | Three years |
| Extraordinary prescription | Possessor in good faith | 20 years | 10 years |
Possession in good faith and lawful possession
| Term | Meaning |
| Possession | Actual control over a thing |
| Possession as owner | The possessor behaves towards the thing as an owner; possession is deemed to be as owner unless proven otherwise |
| Lawful possession | Based on a valid legal ground required to acquire the right, for example a purchase contract |
| Possession in good faith | The possessor does not know and cannot know that they are not the holder of the right; good faith is presumed |
| Defective possession | Obtained by force, fraud or abuse of trust |
Example: a buyer who paid for a plot under a contract but never registered may be a lawful possessor in good faith; someone using another's field without any contract is at best a possessor in good faith, and needs 20 years.
How the period is counted
- Start. The period runs from the day the possessor took possession and ends at the end of its last day.
- Predecessors. The period includes the time during which the current possessor's predecessors held the thing as lawful possessors in good faith, or as possessors in good faith. If one possession qualifies for ordinary and another for extraordinary prescription, time is counted in proportion to the length of those periods.
- Heirs. An heir becomes a possessor in good faith from the opening of the succession even if the deceased was in bad faith, provided the heir did not and could not know it; the period then runs from the opening of the succession. An heir's possession is lawful if the deceased's possession was lawful.
- Interruption and suspension. The rules on interruption and suspension of the limitation of claims apply accordingly.
Third-party rights
Rights of third parties that existed on the thing, for example a mortgage or a servitude, remain if the new owner acquired it without payment. If they acquired it for payment, those rights are extinguished if they did not know of them and could not have known in the circumstances. A right of way can itself be acquired by prescription, under separate periods; we explain them in our article on the right of way.
Public goods and state property
Natural resources, such as the seashore and water, and goods in general use, such as roads, squares and ports, cannot be private property, so ownership of them cannot be acquired by prescription either. For state land that is not a public good, the Law on State Property contains no specific provision on prescription; the answer depends on case law, which this article does not cover.
Registration in the cadastre
Ownership by prescription is acquired by law, when the period expires, not by registration. The cadastre law allows a person who acquired a right by law to request registration if they attach a document suitable for registration. If the registered owner does not accept the prescription, the right is established in court proceedings, and a note of pending prescription proceedings can be entered in the title extract. How to read a title extract is explained in our article on the title extract.
If prescription concerns only part of a plot, registering that part also requires dividing the plot; the procedure is explained in our article on splitting a plot and plot boundaries.
What to watch when buying a plot
| Check | Why |
| Whether the seller is registered as owner | If not, and they rely on prescription, ask for a judgment or other document suitable for registration |
| A note of a dispute or prescription proceedings | It means someone contests the right |
| Who actually uses the plot | A neighbour who has used part of it for decades may claim it by prescription |
| Fences and boundaries on the ground | A difference between the cadastre and the situation on the ground can be the basis of a prescription dispute |
| Buying from heirs | Also check the inheritance decision |
Other checks before signing are listed in our article on whether buying property in Montenegro is safe. You can post or find plots and houses in our real estate category.
Frequently asked questions
What is a possessor in good faith? Someone who does not know and cannot know that they are not the owner of the thing they hold. Good faith is presumed.
Can part of a plot be acquired by prescription? Prescription can also concern part of a plot, but registering that part in the cadastre requires dividing the plot.
Can state land be acquired by prescription? Private ownership cannot be acquired over natural resources and goods in general use, such as roads and the seashore. For other state land, the Law on State Property contains no specific provision on prescription.
Does the predecessor's time count towards the period? Yes. The time during which predecessors held the thing as lawful possessors in good faith, or as possessors in good faith, is included.
How is prescription registered in the cadastre? With a document suitable for registration. If the registered owner does not accept the prescription, the right is established in court, and a note of pending proceedings can be entered.
Sources
Prescription, possession and public goods are governed by the Law on Property Relations (Official Gazette of Montenegro 19/2009 and 29/2025, articles 20 to 22, 53 to 59 and 385 to 391), registration by the Law on State Survey and Real Estate Cadastre (Official Gazette of the Republic of Montenegro 29/2007 and Official Gazette of Montenegro 32/2011, 40/2011, 43/2015, 37/2017, 17/2018 and 160/2025, articles 8 and 98), and state property by the Law on State Property (Official Gazette of Montenegro 21/2009, 23/2025 and 160/2025). Fijaka is a listings platform and does not give legal advice; for a specific case, contact a lawyer.