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 information prescribed by law is entered in the land register. There may be many hidden charges like restrictions arising from nature conservation or heritage conservation, also building restrictions etc.; which cannot be seen from land register.

• Is it possible to create property rights different from the ones regulated by the law? – numerus clausus or numerus apertus-  (EU Adapt project)No. Law of Property Act

  Real rights

  (1) Real rights are ownership (right of ownership) and restricted real rights: servitudes, real encumbrances, right of superficies, right of pre-emption and right of security.

  (2) The law may provide for other real rights in addition to those specified in subsection (1) of this section.

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

Due to the fact that all deeds related to immovables must be notarized, notary will find those charges and explain circumstances to purchaser before signing a contract.

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).

There isn´t any. If those rights are not prescribed by law and any similar property rights cannot be found, those rights cannot be entered in the land register.

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

Information regarding physical information on plot (incl. boundaries) originates from land cadastre and is not considered to be an entry in the meaning of real right.

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

Minor errors are corrected automatically by the electronic data exchange between cadastre and land register.

If changes to the area of a registered immovable involve changes to the boundaries of the registered immovable on the cadastre plan, the registrar of the state cadastre submits, together with an application for the correction of the information, the consent of the owner of the registered immovable and other persons concerned as evident from the register to the correction of the information in the land register.

The consent of the owner and the person concerned must be notarised or digitally signed.