Special land registry procedures
Special land registry procedures are land registry establishment, renewal and supplementation, sporadic land registry transformation, sporadic corrective procedures and linking the land registries and the register of deposited contracts
Sporadic corrective procedure
A sporadic corrective procedure is a special land registry procedure for correcting land registry entries, conducted when there is a justifiable reason.This procedure may be conducted with regards to one or several land registry files.
Justified reasons for conducting sporadic corrective procedures exist if you have a document that can make probable that you are entitled to something which has not been registered in your favour, and whose registration entails the correction of certain land registry entries.
In the proposal to open a sporadic corrective procedure, you will need to provide the following information:
- an exact indication in what sense is the correction of the land registry file required
- land registry entries that should be corrected in that file, in what way and in whose favour
- facts on which the proposal is based (e.g. acquisition basis, acquisition history, etc.)
- a draft of the corrected land registry file may also be submitted
- name and surname, address and Croatian Personal ID Number (OIB) of the person in whose favour the correction of the land registry entry is requested, whereby the persons against whom the correction of the entry (counterparties) is requested do not have to be stated.
When the court issues a decision on opening the sporadic corrective procedure, in its instruction on legal remedy it will indicate that persons who have a legal interest may exercise their rights in a corrective procedure by submitting applications or objections within the period open for correction, or may do so in litigation before the court or in proceedings before another competent authority after the sporadic corrective procedure has been concluded.
After opening the procedure, the court will ex officio, on the e-Notice Board, notice boards of the court, competent cadastral office, local self-government unit or in another appropriate way, at the expense of the proposer, publish the notice on opening the sporadic corrective procedure.
Land registry establishment, renewal and supplementation
The procedure of establishing a land registry for a particular cadastral municipality or a part thereof is conducted when lands of that cadastral municipality have not been recorded in any land registry, based on the data from the existing cadastral records or the data collected and processed during cadastral surveys or technical reambulation.The procedure of renewing the existing land registry or a part thereof is carried out:
- once the cadastral surveying procedure is completed, based on the cadastral data collected and processed in the completed cadastral survey or technical reambulation
- if a land registry or a part thereof has been destroyed, significantly damaged or lost, on the basis of the existing cadastral records
- may also be carried out when the cadastre uses valid cadastral records whose state does not require a new cadastral survey (renewal based on data of the existing cadastral records), if the cadastre authority confirms that the state of the existing cadastral records is such that the procedure of renewal of the land registry may commence.
The procedure of supplementing the land registry is carried out when it is established that not all lands of the cadastral municipality for which the land registry is kept have been entered in the land registry, based on the data from the existing cadastral records or registration form
Procedures of establishing and renewing the land registry for a part of the cadastral municipality are carried out if the land registry court and the cadastre authority assess that the implementation of partial establishment or renewal of the land registry would be more efficient than simultaneous establishment or renewal of the entire municipality.
The procedures of establishing, renewing and supplementing the land registry are carried out simultaneously with the procedure of making the data collected and processed in the cadastral survey or technical reambulation or the data from the existing cadastral records available for public review.
The establishment and renewal of the land registry is carried out ex officio by the land registry court in whose territory the cadastral municipality for which the land registry is established or renewed is located, based on the decision of the minister of justice and administration.
If the procedure is conducted for a part or parts of the cadastral municipality, the land registry or a part thereof is established or renewed on the day when the court, by a decision on opening the land registry or a part of the land registry, determines that all land registry files for which the procedure was conducted have been compiled. The decision is made by the court president or a judge authorised by the court president.
The opening of a corrective procedure is published without delay on the e-Notice Board, notice boards of the competent court, competent cadastral office, local self-government unit or in another appropriate way.
Simultaneously with the opening of the land registry, the corrective procedure is opened and applications and objections are submitted within the period set for the corrective procedure. Entries in the land registry are not considered complete and accurate for the duration of the correction period set by the notification, so that no one may claim acting in the confidence that such entries were complete and accurate.