DISPUTE NOTE

DISPUTE NOTE

One of the entries in land registry law is the entry of a dispute. It is a frequently used institute with very significant legal effects, which you will learn more about by reading this article.

Recording as a type of entry in the land register

According to the Law on Land Registers, there are three types of registration of book rights in land registers. When we talk about book rights, we mean the right of ownership and all other real rights, as well as the mandatory rights that are entered in the land register, i.e. lease, rent, repurchase, first purchase, concession that are related to real estate.

In contrast to registration and pre-registration, by which book rights are acquired, changed or terminated without or with the need for subsequent justification, registration does not register book rights, but registration makes visible the relevant circumstances for which it is determined by law that they can be recorded in land registers. In the same way, certain legal effects can be established by recording when this is provided for by law.

Therefore, the basic goal of each note is to make visible the relevant circumstances or to constitute certain legal effects relevant for judging the legal status of real estate.

One of the entries in land registry law is the entry of a dispute. It is a frequently used institute with very significant legal effects, which you will learn more about by reading this article.

Subject and effect of the note

It should be emphasized that notes, as a land registry entry, can only be determined when this is provided for by the Land Registry Act or other laws.

It clearly follows from the definition of a note that a note can be determined in the case when it is necessary to enter a certain important legally relevant fact or a certain important personal relationship (the subject of the note) in the land register.

The assumption of the recording of personal relationships is that a personal relationship has already been created, the recording of which is required, which is proven by documents, and by recording these relationships are published and act absolutely.

Thus, according to the Family Law, a note on placement under guardianship, a note on exercising parental care after reaching adulthood, a note on the management and disposal of marital assets are entered in the land registers. In addition, the Bankruptcy Act recognizes the recording of the opening of bankruptcy proceedings.

On the other hand, legally relevant facts will be recorded in the land register in order to achieve the legal effects produced by the recording, such as recording of priority order, land write-off, joint mortgage, recording of disputes, recording of alienation or encumbrance and other legally relevant facts provided by the Law on Land books (NN 63/19, 128/22, 155/23).

Registration of the note can be requested by the persons concerned by the note, the court or other competent authority. If the law provides for the possibility of recording, upon a submitted proposal, the land registry court will determine the recording with a decision, and its effect is that no one can plead that he did not know or should have known about the recording.

One of the entries in land registry law is the entry of a dispute. It is a frequently used institute with very significant legal effects, which you will learn more about by reading this article.

Record of dispute

In addition to the above, one of the notes that can and is allowed to be entered in the land register is the note of the dispute.

Therefore, according to the Law on Land Registers, a record of a dispute is an entry that makes it visible that a procedure is being conducted regarding a registered right before a court or other body, the outcome of which could affect the registration of a registered right, the belonging, existence, scope, content or encumbrance of that right.

A dispute that is allowed to be recorded in the land register is any dispute that refers to real estate or an already registered title.

From this definition it is clear to conclude that the dispute cannot be recorded if it is a personal relationship or a legal fact that should be entered in the land register, but only if it is a dispute over a registered right.

Frequent examples of recording a dispute in court practice are to record in the land registry that a lawsuit is being conducted for the purpose of acquiring ownership rights by inheritance or building on someone else's land.

Registration of the dispute and authorization to submit a request

Each party in the proceedings between whom the dispute is being conducted, as well as any other person who is a participant in the proceedings, or who has a legal interest in it, has active legitimacy to demand the recording of the dispute, provided that he can prove that a dispute is being conducted before a court or other competent body that can affect registered book rights.

Based on the submitted request, the recording of the dispute can be allowed directly by the land registry court, but it can also be determined by the court or other body before which the proceedings are conducted (for example, the civil court).

If, after the record has been made, the plaintiff withdraws from the lawsuit or his request is rejected or the proceedings are legally suspended, then the holder of the book right (registered owner or holder of another real or mandatory right) has the right to request the deletion of the record of the dispute.

Record of dispute and its effect

The effect of recording the dispute is that the final judgment passed on the occasion of the lawsuit also acts against those persons who acquired book rights after the proposal for recording the dispute has already reached the land registry court.

In the event that the plaintiff succeeds in that dispute, he has the right to request his entry in the priority order that was secured to him by recording the dispute and he has the right to request the deletion of all entries made in the land register after that, if they are contrary to this new entry. It follows that the record of the dispute does not prevent any land registry entry that would come after it, if the prerequisites for entry are met for those entries.

Likewise, if the procedure for which the entry was made was completed by an enforceable decision on the basis of which the entry regarding which the entry was made would be changed, that decision will be enforced so that the entry of the change will be allowed in the manner and to the extent decided.

At the same time, it will be ordered to delete the record of the dispute and all those entries that were requested after the proposal to record the dispute reached the land registry court, if they contradict the new entry.

It is important to note that the record of the dispute is deleted ex officio after the expiration of ten years from the moment it was allowed.