The land register is designed for the registration and public disclosure of data concerning rights to real estate and legal facts associated with real estate. The Land Registry Act (ZZK-1) outlines fundamental principles that govern the land registry’s operation, ensuring a transparent regulation of ownership relationships.
Principle of publicity
All entries in the land register are public.
Documents forming the basis of these entries are also public under conditions specified by law.
The public land registry ensures that anyone can access land registry entries. This principle is ensured, among other things, by the digitized land register. Anyone can personally access the land register through the competent land court. Demonstrating a legitimate interest is necessary to access documents supporting entries.
Entry into effect
Rights and legal facts in the land register take effect upon the land registry court’s receipt of the entry proposal or the deed. A new entry becomes visible upon the competent court’s final decision, with a seal indicating the initiation of the land registry procedure at the proposal stage.
Due to the entry-into-force principle, entries take effect when the proposal is received, not when the decision is made.
Publicity effects of entries
If registration is allowed, the right or legal fact is considered known to everyone from the start of the land registry court’s office hours on the next working day after the proposal’s entry. Trust in the land registry prevents claims of ignorance once information is registered.
This principle is closely related to the principle of trust in the land registry. Anyone can rely on what is in the land register, and at the same time it is considered that they are familiar with it. It is not possible to claim that the information was not known to us if it is entered in the land register. That is why it is especially important to familiarise yourself with the land registry extract before signing the purchase agreement.
Formatting effects of entries
Real rights on real estate are acquired or terminated upon entry into effect in the land register.
Registration results in the acquisition, restriction, or termination of a real right.
Principle of trust in the land registry
Anyone who acts honestly in legal transactions and relies on information about rights entered in the land register must not suffer harmful consequences as a result. Whoever fulfills the conditions for registration of the right or legal fact in the land register in his favour and does not propose this entry, bears all the harmful consequences of such omission
Acting honestly and relying on information in the land registry should not lead to harmful consequences. Failure to propose an entry, when eligible, subjects the individual to the harmful consequences of omission. Trust in the land registry ensures accessibility, familiarity, and reliance on the information.
Principle of legal ancestry
Entries are permitted for the benefit of the person in whose favor the document, which is the basis for the entry, has effect. Entries are permitted against the person against whom the document, which is the basis for the entry, is effective, and who is entered in the land register as the holder of the right to which the entry relates.
In simpler terms, entry as a new holder of property rights is only permitted based on a document concluded with the current holder.
Principle of order
The Land Registry Court decides on entries in the order determined after receiving the proposal.
The initiation of a land registry procedure is immediately visible as a seal, and the court addresses multiple seals in the order of proposal receipt.
For more information or consultation, please contact us at Phone: 00386-40-626-131 or Email: tajnistvo@bazarealestate.com.
