REGISTRATION OF OWNERSHIP RIGHTS IN THE LAND BOOKS

REGISTRATION OF OWNERSHIP RIGHTS IN THE LAND BOOKS

The fact that you entered into a contract for the purchase and sale of an apartment, paid the costs of signature verification and sales tax, and paid the purchase price does not mean that you have become the owner of the property. It is necessary to register the right of ownership first, and you become the owner of the property only after registration in the land register.

The procedure for registering ownership rights

In order for the entry in the land register to be true and valid, it is necessary for the real estate buyer to follow the registration procedure prescribed by the Law on Land Registers (Official Gazette 63/19, 128/22, 155/23).

First of all, the new owner, who requests the transfer of ownership of the real estate to himself, must submit a proposal for the registration of the ownership right to the local competent municipal court that maintains the land register that needs to be registered.

The proposal can be submitted electronically through a notary public and a lawyer.

Content of the proposal proposing the registration of ownership rights

The proposal for registration or the proposal for the registration of ownership rights should contain the designation of the land registry court to which it is submitted, the name, surname, address and personal identification number of the person in whose favor the registration is to be carried out and the person against whom the registration is carried out, as well as the number of the land registry entry, the name of the cadastral municipality and the designation of the parcels entered in the land registry insert in which the entry should be carried out.

The applicant must specify which type of entry he requires (registration, pre-registration, note), because otherwise the proposal tacitly contains this type of entry which, according to the existing land registry situation, is the most favorable for the person in whose favor the entry is requested.

In other words, when real rights (property rights) to real estate are acquired on the basis of a legal transaction (purchase agreement), registration is one of the prerequisites for such acquisition, so registration acquires ownership rights to real estate without special subsequent justification, while pre-registration would be acquired under subject to subsequent justification and to the extent that they are subsequently justified.

Attachments to the enrollment proposal

Along with the proposal for registration, the court should submit a sales contract (documents), a certified tabular statement of the seller (if it is not an integral part of the contract), proof of the buyer's citizenship (identity card).

Jurisdiction for the proposal requesting the registration of ownership rights

The competent municipal court is obliged to receive every proposal for the registration of ownership rights, regardless of whether it is suitable for registration. The court acts according to the rules of out-of-court proceedings, and secondarily of civil proceedings, and decides without discussion and hearing the parties.

The land registry court, after reviewing the proposal for registration and attachments, will allow registration if:

- it is not evident from the land register that there would be an obstacle to that registration regarding the subject of registration

- there is no reason to doubt whether the persons against whom registration is requested are capable of disposing of the object to which the registration relates, nor whether the person who submitted the proposal is authorized to do so

- the validity of the proposal comes from the content of the submitted documents

– the documents have the required form

The fact that you entered into a contract for the purchase and sale of an apartment, paid the costs of signature verification and sales tax, and paid the purchase price does not mean that you have become the owner of the property. It is necessary to register the right of ownership first, and you become the owner of the property only after registration in the land register.

The procedure for registering ownership rights

In order for the entry in the land register to be true and valid, it is necessary for the real estate buyer to follow the registration procedure prescribed by the Law on Land Registers (Official Gazette 63/19, 128/22, 155/23).

First of all, the new owner, who requests the transfer of ownership of the real estate to himself, must submit a proposal for registration of ownership rights to the local competent municipal court that maintains the land register in which the registration is to be carried out.

The proposal can be submitted in writing directly to the court or electronically through a notary public and a lawyer.

Content of the proposal proposing the registration of ownership rights

The proposal for registration or the proposal for the registration of ownership rights should contain the designation of the land registry court to which it is submitted, the name, surname, address and personal identification number of the person in whose favor the registration is to be carried out and the person against whom the registration is carried out, as well as the number of the land registry entry, the name of the cadastral municipality and the designation of the parcels entered in the land registry insert in which the entry should be carried out.

The applicant must specify which type of entry he requires (registration, pre-registration, note), because otherwise the proposal tacitly contains this type of entry which, according to the existing land registry situation, is the most favorable for the person in whose favor the entry is requested.

In other words, when real rights (property rights) to real estate are acquired on the basis of a legal transaction (purchase agreement), registration is one of the prerequisites for such acquisition, so registration acquires ownership rights to real estate without special subsequent justification, while pre-registration would be acquired under subject to subsequent justification and to the extent that they are subsequently justified.

Attachments to the enrollment proposal

Along with the proposal for registration, the court should submit the sales contract (documents), a certified tabular statement of the seller (if it is not an integral part of the contract), proof of the buyer's citizenship (resident card, identity card), and proof of payment of the court fee.

Jurisdiction for the proposal requesting the registration of ownership rights

The competent municipal court is obliged to receive every proposal for the registration of ownership rights, regardless of whether it is suitable for registration. The court acts according to the rules of out-of-court proceedings, and secondarily of civil proceedings, and decides without discussion and hearing the parties.

The land registry court, after reviewing the proposal for registration and attachments, will allow registration if:

- it is not evident from the land register that there would be an obstacle to that registration regarding the subject of registration

- there is no reason to doubt whether the persons against whom registration is requested are capable of disposing of the object to which the registration relates, nor whether the person who submitted the proposal is authorized to do so

- the validity of the proposal comes from the content of the submitted documents

– the documents have the required form

The procedure of the land registry court based on the proposal requesting the registration of ownership rights

In connection with the proposal for registration, the court will issue a decision by which it will comply with the proposal and allow the registration or reject or reject it by decision. In the decision determining the entry, the land registry insert in which the entry will be made and, if necessary, the land registry parcel, the person in whose favor the entry will be made and his address, the type of entry (registration, pre-registration, note) must be indicated, the subject for which the to be carried out, the documents on which the registration is based, the right to be registered with its essential content, as well as the order to carry out the registration of precisely specified content in the land register.

Implementation of registration of ownership rights in land registers

The court will deliver the decision on registration to the applicant of the proposal for registration and to the person against whom registration is requested.

Against the decision, the mentioned persons can file an objection and appeal. After the deadline, if they have not filed an objection or appeal, the court will register the right of ownership of the real estate in the land register according to the content of the order it issued in the registration decision.

With such an entry in the land register, the buyer became the land register owner of that property, which means that in the future, he can prove his ownership only with an extract from the land register.