Limitations

1.    Are all legal rights in property capable of registration in your system? If not please state the legal rights or interests in land that must be investigated outside of the registration of title system i.e. those that could bind a bona fide purchaser for value without notice without registration?

Only the real rights to real property and restrictions on these rights, as well as legal facts relating to real property, real rights and restrictions on these rights and other notes, which are established in the Law of Real Property Register, are subject to registration.

• Is it possible to create property rights different from the ones regulated by the law? – numerus clausus or numerus apertus-  (EU Adapt project)

Yes, but the Civil Code or the Republic of Lithuania (CC) establishes a numerus clausus of property rights. Only property rights specified in the Law on Real Property Register of the Republic of Lithuania may be registered in the Real Property Register.

However, the principle of freedom of contract applies in the civil law of the Republic of Lithuania, therefore the law does not prohibit the parties to a contract from concluding contracts not provided for in the CC. Such contracts are not subject to registration (registration is governed by administrative law, so only what is prescribed by law shall be registered).

• In case the private parties are not allowed to create property rights different from the ones allowed by law, how broad is their freedom to determine the content of those rights? (EU Adapt project)

As stated above, according to the CC, any transaction cannot be contrary to imperative norms of law, public order and good morals – such is a restriction of both number (Typenzwang) and content (Typenfixierung).

2.    To whom does responsibility for investigation of such rights apply?

Not applicable, see answer 1

3.    What protection if any is available to parties who are bound by property rights that are not capable of being recorded on the title registration system? (For example “hidden rights” such as certain easements that may run with land without a legal requirement for registration).

Not applicable, see answer 1

4.    Are the boundaries conclusive in the registration of title system? If not, are they guaranteed by another state agency/government department/authority?

Before registering land parcels into the Real Property Register, the boundaries of parcels are designated on the cadastral map by the Centre of Registers. A licenced surveyor is responsible for the accuracy of land parcel boundaries.

5.    How does an aggrieved party remedy any boundary error?

The Law on Real Property Register states that:

• interested persons, having learned that the data entered in the Real Property Register does not correspond the documents based on which these data were recorded, may require the territorial registrar to amend and correct inaccurate and incorrect data and supplement incomplete data;
• technical errors may be corrected at the request of the person concerned or if the keeper of the Real Property Register has noted a mistake and if there is no reason to believe that such a correction would violate the legitimate interests of the holders of rights to the real property or third parties;
• if the territorial registrar refuses to correct the mistakes or in case of disputes between interested persons (owners), the dispute shall be investigated by administrative court. Disputes regarding the boundaries of land parcels are settled by the National Land Service, which is a state institution taking decisions on the formation of land parcels.