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When buying real estate in the Republic of Croatia, it is very important to ensure the legal security of the buyer in each individual transaction, that is, legal work aimed at buying real estate.
The purchase of real estate in the Republic of Croatia is primarily regulated by the provisions of the Law on Property and Other Real Rights (Nardone novine No. 91/96, 68/98, 137/99, 22/00, 73/00, 129/00, 114/01, 79/ 06, 141/06, 146/08, 38/09, 153/09, 143/12, 152/14, 81/15, 94/17) and provisions of the Law on Land Registers (Narodne novine No. 63/19, 128/ 22, 155/23).
The provisions of the Law on Property and Other Real Rights (Narodne Novine No. 91/96, 68/98, 137/99, 22/00, 73/00, 129/00, 114/01, 79/06, 141/06, 146/ 08, 38/09, 153/09, 143/12, 152/14, 81/15, 94/17) the provisions of real estate purchase and sale contracts, the method of acquiring real estate, provisions on entering into real estate purchase and sale contracts, terminating the purchase and sale contracts are regulated real estate, legal and material defects of the real estate and other relations between the seller and the buyer in the obligatory legal relationship of purchase and sale.
The provisions of the Law on Land Registers (Official Gazette No. 63/19, 128/22, 155/23) prescribe provisions on the registration of ownership rights in the land registers of real estate that is the subject of real estate purchase and sale, pre-registration of ownership rights, as well as other types of land registry entries in the land registers .
Before buying real estate, after the buyer decides to buy a certain real estate, before the realization of the transaction, it is necessary to determine that the real estate is legally safe for purchase.
The legal certainty of real estate is determined by registration in the land register. From the land register, it is necessary to establish that the seller is registered as the owner in the land register, and that the real estate is not encumbered by any disputes before courts, administrative bodies and other institutions.
Furthermore, it is important to establish that the real estate is not encumbered by mortgages, registrations of easements, building rights, or other registrations that represent a burden that burdens the real estate.
If the buyer is registered as the owner of the real estate, and the real estate is not encumbered by land registry seals or other land registry entries, the buyer can enter into a real estate purchase agreement.
Namely, the legal protection of the land register trust institute is provided to the buyer when registering ownership rights on real estate that is not encumbered by the previously described entries at the time of signing the contract on the sale of real estate.
Trust in land registers protects an honest buyer from the claims of any third party in relation to the real estate that is the subject of purchase and sale, if at the time of concluding the contract on the purchase and sale of the real estate and submitting the application for the registration of ownership rights, or the pre-registration of ownership rights, the seller is registered as the owner of the real estate and the real estate it is not burdened by land registry entries.
The actions described above, which represent legal due diligence, are extremely important for the seller when buying real estate and ensure security during the execution of the transaction.