Land registry based on the real folio principle.
Some land registration systems consider any immovable asset, regardless its nature or situation, a subject matter of registration. Others restrict the concept only to those specified by law, or even create legal fiction of immovable assets with regard to the registration in the land registry.
1. Is there any specific provision in your law that regulates what can create a new land registry file (a new folio)? Could you please state that provision? What is the basic unit in the land registry? What can open a folio? Only Immovable assets by nature, or also immovable assets by legal fiction (by disposition of law)?
• A cadastre parcel
• A plot of land (which matches with the cadaster parcel necessary or not?)
• An apartment, a flat,
• Business, commercial or industrial premises.
• A house
• A garage
• A property right
• A legal institution.
• Special properties: water, public concessions, pipelines, infrastructures public or private…)
2. Could an immovable asset, being part of a bigger immovable asset already registered, be separated in the land registry by opening a new file (a new folio)?
How are these situations organized: is there any link or connection between different real folios?
Yes, it could;
• A piece of land which had been segmented from a bigger one
• A house built on a registered plot or parcel.
• An apartment in the previous registered house, following a condominium situation
Please provide more cases according to your system.
There is a connection and it can be any of the following, depending on the particular situation.
3. What is the legal criterion that defines the object of land registration (Please select all possibilities, applicable to your system):
• The nature of the asset
• The object of the contracts
• Legal relationships
• Identification capability
Is there a connection between the object of the legal traffic and the land registry entity? If so, could you please describe this connection
The object of legal traffic must comply in full with the land registry entity.
4. Identification of the LR entity: Is each land registry entity identified by a single identification number? Is it created, maintained and written off by the Land registry organization?
The registered land entities are identified by a single identification number / parcel number i.e. KČ. This number is both created and written off by the administrative bodies, which then forward it to the land registry offices.
5. If a Land Register identification number is applicable to your situation: could you please describe the way this LR ID number is structured. Could you please share a (specimen) identification number?
Which other information is needed for a easy and complete identification of the entity? (Please select all possibilities, applicable to your system):
• Registration data
• Tax office
• Registration data and cadastral municipality