Registration
It has already been said that, according to the Land Registration Act (Art. 30.) the land registration records are registration, pre-registration and notation. Through the registration, the register rights (ownership right, lien, servitude, real charges, right to build, obligatory rights registered in the land registers) are acquired without the need of subsequent justifications while the pre-registration allows the acquisition of such rights under the condition of a subsequent justification (e.g. to submit a tabular deed, certificate that a purchase price has been paid, that the seller’s signature has been notarized on the contract etc.) The notification is the entry registering personal relations and legal facts of relevance for the legal transactions (notification of seizure, bankruptcy, of the owner being under custodianship or rather that he/she is not considered as fit to conduct such business, that a real property is a cultural property etc.).
The land register consists of the main register (where the registrations are recorded) and the collection of deeds (storing the deeds serving as the basis for registration) whereby the main register consists of LR files. Every LR file has three parts: sheet A (property sheet), sheet B (ownership sheet) and sheet C (encumbrances).
The Land Registration Rules of Procedure stipulates that a decision with regards to the application to register or the appeal should be passed within’30 days of the day when the application was received or the appeal sent for decision. However, this is only for instruction purposes because no consequences have been prescribed if nothing is done within this deadline.
When registering ownership over a real property or when recording a mortgage on a real property, the court fee amount to HRK 250 (approx. EUR 33.5) whereby the value of the real property or the mortgage is of no influence on the height of the court fee. If the contract on the mortgage or the purchase agreement would be compiled in the form of a public notary deed or a deed notarized at the public notary’s office, then there are not fees related to the LR procedure.
