1. Is it compulsory to register all transactions relating to land/property in your system?
No, it is not compulsory. The transaction is valid for the parties, although it is not registered in the public register (Real Property Register).
2. If not, are there any circumstances under which is it compulsory to do so?
The Civil Code provides an exception stating that in the case the state takes a real property for public needs, the ownership rights to it passes to the state from the moment of its registration in public register (Real Property Register).
The rights and obligations from the moment of registration also arise in case of a servitude, which is one of real rights.
If the parties to transaction do not register it, they cannot use the fact of transaction against third parties and prove their rights against third parties based on other evidence. If several persons have acquired the same thing or rights to the property and only one of them has registered the transaction, while others not, it is considered that the person who has registered the transaction acquired the property or real rights thereto. If none has registered the transaction, it is deemed that the person who was the first to enter into transaction has acquired the rights. If several persons have registered the same rights to the property or real rights, then the person who was the first to register the transaction acquired the rights.
3. If not, and registration is voluntary, what are the benefits of registration?
Only registered ownership rights are protected and guaranteed by the state.
4. What percentage of land/titles is/are registered in your system?
All real property objects and titles are registered in the system if the real property objects are formed and applications to register real property objects and titles are submitted to the Centre of Registers
5. What types of legal rights in property are capable of being protected by registration?
Those real rights, which are registered in the state registers, are protected. The following real rights related to real property are registered: ownership right; the right of trust; possession right as an independent real right; servitude; usufruct; building right (superficies); and long-term lease (emphyteusis); mortgage/pledge right.
6. Are there other rights, legal situations, judicial decisions affecting property rights or owner’s powers capable of registration?
The following legal facts relating to real property, real rights thereto and encumbrances on these rights are recorded in the Real Property Register:
- transactions and decisions that change the legal status of a registered real property or substantially change the possibilities for its management, use and disposal;
- co-ownership agreements for the registered real property with regard to common object;
- the inheritance of real property subject to registration;
- seizure of a registered real property;
- changes in the registered real property object (size, purpose of use, etc.), as well as changes in the name of natural persons having the real rights to it, and the name of legal entity;
- the opening of a civil matter regarding the legal status of a registered real property object;
- valid court rulings and court decisions affecting the legal status of real property subject to registration;
- the property administration;
- the formation of a new real property object or disappearance of a former real property.
7. What are the effects of registration of a transfer of ownership?
Legal effects against third party arise upon registration of a transfer of ownership. The parties to an unregistered transaction may not invoke the facts of transaction against third persons and argue their rights against third persons by relying on other means of proof.
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?
If mortgage is not registered in the Mortgage Register it may not affect the rights of third persons in good faith.
9. Is the title guaranteed by the State/Registrar? If so, to what extent and under what circumstances?
According to the Civil Law, the State does not guarantee the buyer’s ownership rights if they are not registered in Real Property Register.
The state compensates the loss made by illegal acts of the staff of state institutions or other institutions performing legal registration of transactions.
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?
The loss suffered due to the fault of the keeper of the public register may be indemnified in the manner specified by legal acts.
11. How does a party who has suffered loss make a claim for compensation if applicable?
A person shall address the Real Property Register keeper regarding the reimbursement of loss within one month from the day on which he/she has learned about the occurrence of the loss.
The Real Property Register keeper is not liable for the loss suffered by a person if there are general grounds for exempting from civil liability, as well as in cases when the parties having suffered loss:
- submitted incorrect data to the keeper of the Real Property Register;
- within one month, from the day of learning about inaccurate or incorrect record in the Real Property Register, failed to take any legal measures for the protection of violated rights.
12. What are the risks involved where property transactions are not registered?
The parties to an unregistered transaction may not invoke the facts of transaction against third persons and argue their rights against third persons by relying on other means of proof.
13. Are there any penalties for non-registration?
There are no penalties for non-registration.
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 process.
The registration of a real property in the Real Property Register is considered as taken place after it has been registered in the Real Property Cadastre in accordance with the procedure established by the Law on Real Property Cadastre. When registering real property, a record in Real Property Register is made.
The real property cadastre data is stored in the real property register databank. Real property plans must be prepared in such a way that using the data of the state coordinate system it is possible to determine the location of the real property object in the territory of the Republic of Lithuania.
Persons providing data to the Real Property Register are responsible for the correctness of the cadastral data