Land registers: deadline and importance of registration

Introduction: What are Land Registers?

Land registers are public registers that contain information on the legal status of real estate. They are a key instrument in the legal transaction of real estate because they enable the security of ownership rights and transparency of the legal status of real estate. The history of the development of land registers in Europe dates back to the Middle Ages, while in Croatia the first organized real estate records date back to the time of the Austro-Hungarian Monarchy. Land registries have evolved to become digitized systems that enable faster and more efficient data processing.

There are different types of land registers in the different legal systems of the world, from centralized registers, such as those in Germany, to decentralized systems that are present in some Anglo-Saxon countries. The essence of a centralized register of all real estate lies in its ability to provide reliable information about ownership and legal burdens, which is crucial for the legal certainty and efficiency of the real estate market.

Types of Land Registry Registration

Land registry entries imply recording all legally relevant information about real estate and rights to it. According to the Land Registry Act, there are three main types of registration: registration, pre-registration, and notation.

1. Registration is a permanent entry by which rights to real estate are acquired, transferred, limited or terminated without special subsequent justification.
2. Pre-registration is a temporary registration that reserves a place in the land register until the final decision on registration.
3. A record is an entry that records certain facts that may affect the legal transaction of real estate, such as disputes or records of enforcement.

These entries have legal effects because they ensure the public credibility of the data in the land register, allowing third parties to reliably find out who owns the property and what rights or encumbrances exist on it. The registration process is carried out by submitting a proposal to the competent land registry court, which, after reviewing the proposal, issues a decision on registration.

Are there deadlines for registration in the land register?

According to the current Land Registry Act, there is no explicit deadline for submitting a proposal for registration. However, it is extremely important to register as soon as possible after acquiring the property or changing the rights to it. Namely, by untimely registration of ownership or other rights, it may happen that a third party registers some of their rights that may interfere with or even prevent your registration.

For example, if you buy a property and do not register as an owner, someone can record enforcement or some other encumbrance on that property against the former owner, which can significantly jeopardize your property rights. Also, ownership disputes can make your enrollment difficult or impossible, further underscoring the importance of acting urgently.

Conclusion

Although the law does not provide for specific deadlines for registration in the land register, it is recommended that all registrations be made as soon as possible through a notary public or directly at the land registry court. Timely registration ensures legal certainty and avoids possible complications, such as the recording of enforcement or disputes on the property. Timely registration of all changes in the land register is essential to protect your rights and ensure the legal certainty of real estate.

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