1. Are there any special precautions at the land registry services in order to avoid errors when opening a new file?
There are special precautions at the land registry services in order to avoid errors when opening a new file, which consists of the system recognizing errors and warn.
(1) The Joint Information System (hereinafter: JIS) is the information system for storing, maintaining and keeping of land registry and cadastre data. It consists of the data stored in the Land Database, land registry data and land cadastre data.
(2) The Land Database (hereinafter: LDB) consists of cadastral data on the cadastral municipality name, cadastral parcel number, shape, surface area, degree of development and land use as well as the land registry data on title holders, legal facts and personal relations. In the LDB, the cadastral data shall be under the jurisdiction of the bodies in charge of the cadastre while the land registration courts shall be responsible for the data on title holders, legal facts and personal relations.
(3) Land registration courts and bodies in charge of the cadastre shall issue extracts from the LDB and gain insight into all the land data stored in the LDB.
2. If an error occurs and a land registry file describes the same immovable for a second time, what is legally determined to do?
(1) No words entered in the land register shall subsequently be modified or made illegible.
(2) If, while making an entry, an error occurs and is noticed of before such entry is concluded, it shall be rectified at the end of such entry by explicitly indicating any such part of the text as may be subject to rectification and the exact words used for that purpose. Such rectification shall be carried out without any separate ruling of the competent land registration court.
(1) An error in the registration, noticed after the registration has been completed, may be corrected pursuant to a decision made by the land registration court on the rectification of such erroneous registration, passed on the basis of an agreement reached by all interested parties in the procedure conducted before the land registration court with a view to rectifying such erroneous registration.
(2) During such proceedings for the rectification of an erroneous registration, the land registration court shall hear all interested parties in order to determine whether such a registration may be rectified by agreement. If an agreement on the rectification of such an erroneous registration is reached, the land registration court shall make a decision on the rectification of such erroneous registration and issue and order that such rectification be made in the respective land register and deemed effective as of the time when the rectified registration was requested. The decision on rectification shall be delivered according to the provisions on delivery hereof.
(3) In default of such an agreement on the rectification of an erroneous registration, the competent land registration court shall reject the application to rectify the erroneous registration. It shall instruct the parties having requested such rectification to institute a lawsuit and shall instruct them to file an appeal for rectification within 30 days from the day the decision entered into force.
(4) If the land registration court fails to receive the appeal for rectification within 8 days after the expiry of the period stated in Paragraph 3 of this Article, the recordation of the initiated procedure to rectify the erroneous registration shall be deleted. Otherwise, the recordation of the initiated correction procedure shall be considered as a notification of dispute.
(1) An error committed while making an entry, which has been noticed after such entry was made, may be corrected ex officio, without conducting any proceedings for the rectification of such erroneous entry, provided that such rectification does not put in question any such right as may have already been acquired or endanger any person acting with trust in land registers.
(2) All rulings on the rectification of erroneous entries shall be delivered in accordance with the provisions hereof pertaining to delivery.
3. Once the error is identified what happens to the rights and the charges registered in both files? And what about subsequent entries?
See answer question 2.
4. Is there any internal (intra-system) land registry procedure to solve this sort of problem or does it require judicial intervention?
See answer question 2.