In the land registers, the data in sheet A (property section) should be identical to the data in the cadastre, which is often not the case due to the fact that the cadastral and land registry data have not been harmonized.
The property section of each land registry extract contains the name of the cadastral parcel, land use (ploughland, woodland, construction land), data on the area in square meters. A separate segment of the property section contains also the restrictions to which the real property has been subjected.
The land registry offices contain also a collection of cadastral maps that have not been maintained so they do not reflect the actual state of the real property but there is a possibility to obtain alphanumerical data about the real property from the cadastre. The collection of cadastral maps should be kept by land registration courts but these collections have not been maintained.
2. Condominium or not.
If the condominium ownership split has been either implemented or registered in the land registers, then the land registry extract heading mentions that it is condominium ownership and the registration of condominium ownership is visible in sheet B (ownership section) of the land registry file.
3. Cadastral identification.
According to the Land Registration Act, the data in sheet A are originally cadastral data so this data should match the one in the cadastre. If the data mismatches, it is always possible to perform the identification of the cadastral and land registration records which means that the process to identify the cadastral parcel matching the land registration parcel is started.
4. Degree of legal protection of the physical data.
5. Is the information of this section integrated in/ provided by/ identical to/ coordinated with the Cadastre information? Describe the relationship between both information systems (Cadastre and LR)
At the moment, the land registration records and the cadastral records are separated so mutual communication to inform about the data change is necessary. The cadastre informs the land registry about the change of the data on the real property in sheet A and the land registry informs the cadastre about the changes in sheet B of the land registers.
In the future Real Property Registration and Cadastre Joint Information System, the cadastre should be in charge of sheet A and the land registry for sheets B and C so the need for informing each other would cease to exist. The intention here is for the data of these two records to no longer differ.
The following data on the owner is regestered in the land register: name and surname, parents’ name, resident address, personal identification number. Marital status is not recorded. Sheet B or ownership section also contains the construction title holder as well as the basis for acquiring the title while in the e-Land Registry only the deed and the date of its production are stated. The ownership section also mentions the limitations to which the owner is subject such as e.g. whether there is custodianship, whether the person is a minor, whether the owner is denied good judgement or whether the legal entity is under liquidation.
C) MORTGAGES AND BURDENS
Sheet C or encumbrances section contains all other rights except the ownership title, such as the lien, construction right, servitudes, real encumbrances such as contractual rights over the real property such as buying back, pre-emptive right, rent, lease, concession.
When registering a mortgage, the amount of debt is recorded along with the deadline in which the debt must be paid, whether the interest is charged and in which amount, whether the payment is carried out in instalments.
With servitudes, we distinguish between the real servitudes and personal servitudes. With real servitudes, the servitude is recorded in sheet C as encumbrance in the file containing the registration of the land encumbered with a servitude whereas the file containing the dominant real property reads that there is a servitude in the second segment of the property section. When registering personal servitudes such as the right of residence, use and usufruct, we record the beneficiary of such right and the deadline if such right is linked to a certain period of time.
When recording the restrictions on the basis of a court order, then in practice we most often speak of the registration of a seizure notification, dispute notification, notification to dispute the debtor’s legal actions, notifications on initiating a liquidation procedure, notification of the temporary measure preventing alienation and encumberance etc. In all these cases, registration is done on the basis of a decision serving to determine a specific notification and until when a respective prohibition is valid.