Process of Registration

1. How many stages are there in the conveyancing process?

Naturally the one buying a real property must first agree with the seller all the details of the purchase, has to double-check the status in land registers as to whether there are limitations such as e.g. seizure over a real property or something else. If anything is in order for the conveyancing such as with e.g. purchase, then it is necessary for the parties to make a written contract, either on their own or with the help of an attorney or a public notary in order to authenticate the signature of the person relinquishing his or her right.

After the signature is authenticated, the registration in land registers may be requested either as non-conditional registration-registration or as a conditional registration-preregistration if e.g. the clausula intabulandi has not been given unconditionally, if the price has not been paid or something else.

It is good thereby to double-check cadastral records as well i.e. whether the real property information (shape, size, extent of development) matches the land registry information.

2. How many other agencies/departments/registers etc. must be dealt with or checked prior to signing a legal transfer or mortgage?

It is good to double-check the cadastral records and if buildings or other constructions are purchased also the corresponding office for construction works as to whether an object has all the necessary permits.

3. Who is responsible for dealing with other departments/agencies?

The party itself.

4. At what stage of the overall conveyancing process is your organisation involved

The party contacts a land registration court only after concluding a contract and when requesting the registration of a certain registration right. After a decision on registering has been passed, the land registration court forwards the parties a decision on registration and continues to conduct proceedings in the event of remedies.

5. Is any or all of the conveyancing process dealt with electronically?

Only the registration is dealt with electronically.

6. Is any or all of the registration process dealt with electronically?

The entire registration process is electronical.

7. When a deed/document or land registration form is lodged for registration, what is the general procedure involved in registering the effect of the deed?

It is double-checked whether all preconditions for registration have been met. This means that it is double-checked whether a contract is valid, whether the signature on the contract has been authenticated by a notary, whether the registration predecessor principle has been respected, whether the application has been properly filed and whether it has been filed by an authorised person.

8. How many stages are there in the registration of title process?

When an entire real property is being registered and after concluding the contract and authenticating the signature, an application is filed for registration before a court and, after double-checking whether all the preconditions have been met, the court determines the required registration.

If only part of the property is being registered, then first a subdivision should be made in the cadastre and the cadastre and land registry should implement the subdivision. After this, it would be possible to implement the registration over part of the real property.

If a mortgage or a right of way is being registered, the procedure is almost the same. A document should be compiled, serving as the basis for registration. It should contain a signature authenticated with the notary of the person relinquishing a right or rather obtaining a charge over his or her real property. Afterwards, the court double-checks whether all preconditions for registration have been met.

9. What kind of entries are in your system?

Registration – recording that a right is acquired, terminated or limited unconditionally.

Preregistration – recording that a right is acquired, terminated or limited under the conditions of subsequent justification.

Recordation – recording the legal facts and personal relations relevant for the real property legal transactions.

10. What is the average time taken to register a (1) transfer of all property (2) transfer part property (3) mortgage/charge?

At majority LR courts in Croatia (65 in total) the average time taken to register a transfer is a day or two. In larger cities and some smaller courts, there are backlogs so the process takes up to between 7 and 60 days.

11. At what level in the organisation is the final decision to register a title made?

The final decision is made at the level of the LR court in the majority of cases. Only if appeal has been lodged is the final decision passed by an appellate court.

12. To what extent are registration decisions in your country taken by a person with a professional qualification? What is that professional qualification?

The registration decisions are taken by a licensed land registry clerk: a person having highschool or higher education diploma and a certain number of years of relevant experience, and has taken a special exam to perform these tasks at the Ministry of Justice. If there are not enough licensed clerks then the decision on registration is passed by a judge i.e. a person who is a L.L.B. and has taken a bar exam.

13. If registration decisions are not taken by a person with a professional qualification, how are they taken?

14. Is the decision to register a legal, judicial or administrative function (or mixed)?

Judicial function.

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