Effective legal protection

In order for a LR court to pass a decision that is positive for the party, i.e. a decision whereby the application is granted and the registration is performed, it should meet the general and specific preconditions. The general preconditions are that an application to register has been filed and that the principle of the register predecessor has been met while the specific preconditions refer to the tabular deed, the need to notarize the signature of the one loosing a right, the fact that nothing can be deleted or crossed out in the document, that the deed states correctly the real property in question.

If a person no registered in the land registers as the owner would show up as a seller, and the seller could not prove that there is a connection between him/her and the registered LR owner, then the application to register would be rejected.

If has already been said that the general precondition to register is the existence of the register predecessor so a deed (e.g. contract) should contain the permission to register – clausula intabulandi. If there is no clausula tabulandi or it is not unconditional, then the registration cannot be allowed but only the pre-registration and, in such a case, the person acquiring a right should subsequently justify the registration with a new tabular deed.

If the registration has been determined on the basis of a decision by the court or some other State body, then the registered owner is not asked to submit a permit to register.

LR courts send the decisions approving or denying the registration to the parties or, by postal mail, the requested LR extract, extract from the collection of deeds.

This site uses cookies to offer your a better browsing experience. Find out more on how we use cookies and how you can change your settings.