Why register?

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

Yes, it is compulsory.

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

See reply to question 1.

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

See reply to question 1.

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

It depends are we talking about the land(area) as a whole or about the (register)units that are under the obligation to be registered. According to the Code of Real Estate title to State forests, expropriated units, lands separated for public use, nature reserves , common waters and commons shall not be registered but if such real estate or a share or parcel thereof is conveyed, the acquisition shall be registered. So in general most of the real estate units are subject to be under the obligation for title registration. Of those units more than 99 % are registered in the title and mortgage register. All the land area registered in the Cadastre (Real Estate Register) even if a part of land (units) is not under obligatory title registration.

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

According to the Code of Real estate (Chapter 13, which deals with the legal effects of Registration of title) is the title owner protected for example in case that there is a defect of form in the deeds document. After title registration no claim against defect shall be made. By registration the buyer will also be protected in cases of double conveyance. The principal is that he or she who first applied for registration has the priority. In most cases registration also brings protection against the rightful titleholder.

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

Yes, for example the spouse´s right to a common dwelling (home) usually has the effect that spouse´s consent is to be needed before registration even if he or she should not be a co-owner of the property.  What comes to mortgages the consent of all lien holders shall be presented when altering the registered mortgages.

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

An entry in the title and mortgage register shall be deemed public knowledge as from the first weekday after the date of entry. After that time no protection is provided despite one should act in good faith.  The most significant legal effect of the registration of title to property appear in the dynamic protection of the assignee (buyer). The public knowledge of the register has also a meaning of public reliability (see the answer above in 1.9).

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?

About the effects see previous answer. The assignee of a real estate is not entitled to apply for mortgage as a security unless his or her title has been registered. What comes to the powers or rights of the registered owners to charge are they entitled to apply for foreclosure procedure concerning the mortgaged real estate unit to get their money paid.

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

Yes, it is guaranteed by the State. Those who have suffered damages because of the provisions that protect against the rightful owner or those (conveyee, person holding the lien etc.), who lose their rights according to the provisions as well as those who suffer damages about the false mark in the register are entitled to due compensation (full compensation) for their damages. The State´s liability to pay compensation is very strict.

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?

Those who have suffered loss described in the previous answer have the right to demand compensation from NLS. NLS grant and pay the compensation. If the demand is subject to dispute, has the applicant a possibility to bring the case in to the court.

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

See the previous answer. The claim for compensation has to be made in written (in paper form or by e-mail).

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

The starting point is that if the right or other information is not registered it doesn´t exist from the outsider´s point of view. In the Code of Real Estate the principle of public credibility is adopted. The outsider´s faith in the validity of a registered right (e.g. registration of a title to the owner of the property) is protected. If the assignee of the property neglects the registration of the ownership (title) he or she is not entitled to appeal to the legal effects of registration of title.

13. Are there any penalties for non-registration?

Yes, according to law may the register authority obligate the neglected owner to apply for title registration within a set time limit under threat of a fine.

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

Yes in that sense, that title registration is based on the cadastral information and cadastral maps. Both the land register information and the cadastral information are part of the National Land Information System which is maintained by NLS.  The information is guaranteed by the supplier of the data but in the first hand a party suffering damages due the false data is entitled to apply for compensation from NLS.

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