Why register?

1.  Is it compulsory to register all transactions relating to land/property in your system?

All transactions relating to land and property must be registered in land registry and entries must be made based on the submitted documents.

2. If not, are there any circumstances under which is it compulsory to do so?

Property belonging to government and local government does not have to be registered until there is no need for transaction.

3. If not, and registration is voluntary, what are the benefits of registration?

4. What percentage of land/titles is/are registered in your system?

93% of all land is registered in land cadastre. More than 60% of that land is registered in land register. In the beginning on July 2013 there was 965 307 register parts opened (479 975 immovables, 479 301 apartment ownerships, 4 903 rights of superficies and 1 128 rights of superficies in apartments).

5. What types of legal rights in property are capable of being protected by registration?

Only information prescribed by law can entered in the land register and due to that these rights are protected by registration.

If, on the basis of information entered in the land register, a person acquires immovable property ownership or a restricted real right by a transaction, information entered in the land register is deemed to be correct with regard to the person unless an objection is entered in the land register concerning the correctness of information entered in the land register or the acquirer knew or should have known that the information entered in the land register was incorrect.

If the right of a person to dispose of a right entered in the land register is restricted for the benefit of a certain person, the restriction is valid with respect to the acquirer only if it is entered in the land register or if the acquirer is or should be aware of the restriction on transfer.

If the making of an entry in the land register is required for the acquisition of immovable property ownership or a restricted real right, the time of submission of the registration application is determinative with respect to the good faith of the acquirer.

6. Are there other rights, legal situations, judicial decisions affecting property rights or owner’s powers capable of registration?

No, only information prescribed by law can entered in the land register.

7. What are the effects of registration of a transfer of ownership?

Right of ownership can only be created by making a respective entry in the land register.

8. What are the effects of registration of a mortgage/charge? What powers or rights are available to the registered owners of charge in order to enforce their security?

Registration of mortgage is as important as registration of any real right because legal circumstances and security can only be created by making a respective entry in the land register.

In addition to entry regarding mortgage, parties may also agree on the obligation of the owner of an immovable to be subject to immediate compulsory enforcement for the satisfaction of a claim secured by the mortgage.

If that agreement is enterd into land register and the secured claim is not performed, the mortgagee has the right to demand compulsory execution pursuant without any additional procedures.

9. Is the title guaranteed by the State/Registrar? If so, to what extent and under what circumstances?

Information entered in the land register is presumed correct. If a right entered in the land register is deleted, it is presumed to have extinguished. A person whose rights are violated by the unlawful activities of a registerar may claim compensation for damage caused to the person if damage could not be prevented and cannot be eliminated by the protection or restoration of rights (state liability).

10. What remedies are available to land registry information users who may have relied on register information and suffered loss as a result of reliance on that information?

See answer to question 9.

11. How does a party who has suffered loss make a claim for compensation if applicable?

To receive compensation for damage, an application must be submitted to the Ministry of Justice.

An application must be filed within three years as of the date on which the injured party became aware or should have become aware of the damage and of the person who caused it, but not later than within ten years as of the causing of damage or the event which caused the damage regardless of whether the injured party became aware of the damage and of the person who caused it.

12. What are the risks involved where property transactions are not registered?

In case property rights are not registered, they are not created and cannot be seen by public.

12. What are the risks involved where property transactions are not registered?

13. Are there any penalties for non-registration?

Only if the land register has become incorrect due to transfer of real right outside land register (in the matter of succession) and the new owner of the real right has not submitted the registration, the land registry department may require the owner of real right or the executor of will to submit a registration application and the documents necessary for a correction of the entry to be made in the land register under the threat of a fine.

14. Is cadastral/mapping information included in the title registration process? If so, is it guaranteed? If yes, by whom?

Cadastral/mapping information is included in the title registration in case of first registration, division of immovable etc. If possible, registrar seeks the necessary information himself, but in cases of real servitudes related to utility networks and utility works, registration of apartment ownerships and possession and use of common ownership parties submit their own plans.