Precautions when opening a new land registry file

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1. Are there any special precautions at the land registry services in order to avoid errors when opening a new file?

In the application of registration must always mention an existing identification number of the property. So the registration is made to the correct file It’s practically impossible to open on new land registry file to a property which already has a file.

2. If an error occurs and a land registry file describes the same immovable for a second time, what is legally determined to do?

Third parties can rely on the land registry information (bona fide).

By a cadastrial survey decision or court decision can the land registry information (file) be annulled

If land register authority notices, that the land registry information is not correct, it depends on the quality of error, if the land register authority itself can correct the error. If the error is only technical (for example writing error), it can be corrected without having an approval from the parties involved. But if the error is a consequence of false facts or false dispense of law, it’s obligatory have the approvals of those parties whose interests deteriorates in the correction.

The state is responsible to pay compensation for the damages, which the errors may have caused to the parties involved.

Is there a different procedure depending on whether the new file repeats totally a previous file or only a part of a previous file?


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 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 2.

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