Land register and right of ownership

What are land registers?

Land registers are public registers kept on the legal status of any real estate within the territory of the Republic of Croatia, including all such circumstances as may be pertinent to legal transactions. Any person may request to inspect land registers and all supporting lists in the presence of the land registrar and obtain registered land certificates or listings and transcripts for any real estate. Land registers, registered land certificates or listings and transcripts enjoy public trust and have the probatory force of official documents.

 

Each land registry file comprises

Property register (Sheet A) – is used for the registration of all constituent parts of registered land units as well as all such proprietary rights as may exist in favor of registered land units or any proportional share in co-owned registered land units and all cadastral changes pertaining to any registered land unit.

Proprietorship register (Sheet B) – is used for the registration of titles to entire registered land units, changes related to title and registration of such restrictions as may be personally be imposed on proprietors as to their powers to manage or dispose freely of their registered ladn units or shares in co-owned land units. Any prohibition of encumbrance or alienation shall only be clearly indicated in proprietorship registers.

Charges register (Sheet C) – is used for the registration of all proprietary rights encumbering registered land units or proportional shares in co-owned land units, as well as all such rights as may be acquired on the basis thereof, such as the rights to buy back, pre-empt, lease and let, and all such restrictions on powers to dispose of registered land units or shares in co-owned land units as may be imposed on proprietors of encumbered land.

 

Right of ownership

The right of ownership is a real right on a particular thing authorizing the holder to use the thing and any benefits arising from it as he sees fit, and to exclude any person from it, unless that is contrary to such other person's rights or limitations imposed by law.

 

Floor ownership

Floor ownership is ownership of a particular part of real property (apartment, garage, etc.) that consists of land with a building on it or the right to build if there is a building erected on it whereby the ownership of a particular part of real property is connected to a particular co-ownership share (floor ownership) of the co-owned real property (e.g. 45/356 share of real property is connected to the apartment marked S5).

 

Land register entries

Land register entries shall include registration, conditional registration and recordation.

Registration shall include entries whereby registrable rights are acquired, transferred, restricted or terminated without any specific subsequent justification.

Conditional registration shall include entries whereby registrable rights are acquired, transferred, restricted or terminated, but only on condition that and inasmuch as such rights are subsequently justified.

Recordation shall include entries clearly indicating all relevant circumstances which, according to law, may be recorded in land registers. Where and as stipulated by law, recordation may provide a basis for certain legal effects.

 

When does the buyer become the proprietor of the bought real estate?

The buyer shall become the proprietor in the land register sense on the day he is registered in the land register. The buyer’s title shall be registered with the date on which he submitted the complete application for title transfer, regardless of when the land registry office actually processes the registration. If the person should acquire property (through purchase, as a gift, etc.) but fails to submit the application for title transfer such person shall be considered a non-registered owner.

 

Land register – electronic data

You can see up-to-date land register information by clicking on the following link. Land register data

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