In response to the article titled “Barbićs can only access their homes by boat: The challenges faced by Boka Kotorska residents with their new neighbors,” published on the Vijesti portal on June 26, First Investment Company doo Tivat clarified that the fence was erected in compliance with applicable planning documents and legal standards, which the Barbić family contested.

We present their full response:

“First Investment Company doo has been the long-time owner of parcels 17/1 and 20/2, which have remained open for the public and locals using the nearby beach for nearly a decade. The company is a socially responsible entity operating legally in Montenegro and has consented to undertake partial expropriation, establishing a real servitude in favor of the Municipality of Tivat for the installation of infrastructure necessary for the water supply to the island of Gospa od Otoka.

Parcel 17/1, which is the subject of inaccurate claims, falls under UP 68 and UP 70 DSL of sectors 27 and 28. This planning document permits the installation of a fence, for which UT conditions for the preparation of technical documentation, No. 09-332/24-780/6 and No. 0902-315-938/4-17, were issued. These formed the basis for the application submitted to install an auxiliary facility—a fence.

“The owner voluntarily removed the fence across his 198m² plot to allow passage for his neighbors and also built stairs for access over his parcel 17/1 for the benefit of his neighbors on cadastral plots 15 and 14 KO Milovići,” the company stated.

To ensure access for the Barbićs, whose properties are on cadastral plots 17/2 and 18, the owner kept his entire cadastral plot 20/2, measuring 545m², and the pathway across his parcel 17/1, unfenced.

It is important to note that in past years, the Barbićs and their neighbors have utilized the entire area of the owner’s parcels 17/1 (1,182m²) and 20/2 for various activities including parking, stopping, and even waste disposal. They have exerted various pressures, reporting to the inspection and illegally removing parts of the fence to obstruct the intended construction in accordance with planning documents, thereby hindering the owner’s rightful use of his property. They are reportedly manipulating the facts and misrepresenting the situation through media to influence legal proceedings regarding the path they envision. Considering that these are legal matters, the fundamental principle of restriction within the context of real easements implies that the real easement, in this case the right of way, should be implemented in such a way and to such an extent that the owner’s needs for privileged access are met with minimal sacrifice to the servient property—his real estate,” the response adds.

Along with their response, they provided photographs which, they assert, demonstrate that the Barbić family has access to their properties, including one in a dilapidated state, in a manner that the owner voluntarily accommodated for the benefit of their neighbors, fostering a spirit of good neighborliness.

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