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?

It is possible to register all legal rights in rem, administrative rights having as its subject a real property (concession, lease, rent, pre-emptive purchase, backbuying), legal facts and relations that are of legal relevance for real property transactions.

A buyer, who is conscientious and is buying something with the trust in land registers, is protected before the law and before all others with regards to acquiring real property rights. However it is important that he acts in good faith and is sincere.

If he does not act in good faith and is not sincere, then he is not protected by law.

• How does an aggrieved party remedy any boundary error?

An aggrieved party suffering loss due to a boundary error can use legal instruments against the person from whom he or she has acquired the right: contract termination, price reduction, compensation.

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

No. In the legal order, there are only those types of rights in rem that are provided for by law (finite number of types of rights in rem).

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

The buyer or the persons wishing to acquire a title is solely responsible for investigating whether there are some other non-registered rights attached to the property and this represents the buyer’s risk during the acquisition.

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).

The party, having a right in rem such as e.g. easement that has been acquired after the statutory limitations have expired and being, as such, not recorded in land registers, may protect his or her right to easement by filing a claim in court whereby he or she will ask from the contesting party to recognize this right or rather that he or she has acquired it non-registered on the basis of the law or in some other way.

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

Boundaries are not the subject of registration because the registration affects the real property. However if there is a boundary dispute, then the party is entitled to ask that boundaries be regulated before the court. Later on, a valid decision on boundaries’ modification on a real property (change of boundaries) should be implemented first through the cadastre and then in land registers.