Hidden charges and overriding interests

1. Are there any such hidden charges in your system? If so, please list them, and explain how a buyer can discover them. Explain if there is any simple way that the property can be freed from them.

In accordance with the Civil Code, if there are no contrary legal provisions, real rights are acquired only by their entry in the land book.
Real rights are acquired without registration when they come from inheritance, natural accession, forced sale, expropriation for cause of public utility, and in other cases provided by law. If real rights are established by special laws, opposability is ensured by publishing the legislative act in the Official Gazette of Romania.

But the holder of the above mentioned rights can dispose of them only after registration in the land book.
Real rights are extinguished only by their cancellation from the land book, with the consent of the right holder, given through a notarial authentic statement.

This consent is not required if the right is extinguished by the fulfillment of deadline either by death or, where appropriate, by ceasing the existence of the holder, if it is a legal person.

Final judgment or, in the cases provided by law, the administrative authority act will replace the will of the holder.

2. Do any of these, or any other similar matters, have priority over a mortgage, where the lender was acting in good faith and was unaware of them? Explain if there is any simple way that the property can be freed from them.

Real or personal rights on property become opposable to third parties through their registration in the land book.

If the law does not provide otherwise, the registrations in the land book shall take effect from the date of applicationsˈ recording. Thus, the recording date determines the rank for the registered right. This rule is known in land book matters as principle of registration priority.

This principle establishes that, besides exceptional cases provided by law, the person who has firstly registered her right in the land book will be considered the true holder, even if the same right was alienated by the same author for the benefit of others.