Records of Rights in the Land Registry since 1.1.2014

JUDr. Jakub Vozáb, PhD. 01.01.2014

Record

The creation, change, termination, statute of limitations and recognition of the existence or non-existence of the following rights are recorded by deposit on the basis of the proposal:

property right,
construction law,
easement,
Lien,
future lien,
lien,
pre-emption,
future exchange,
additional co-ownership,
trust fund management,
reservation of ownership rights,
reservation of the right of repurchase,
reservation of the right of resale,
prohibition of theft or encumbrance,
reservation of the right of a better buyer,
trial purchase agreement,
rent, if requested by the owner or the tenant with the owner's consent,
tenancy, if requested by the owner or tenant with the owner's consent,
waiver of the right to compensation for damage to the land,
division of the right to real estate into the ownership right to units.

The proposal to start the procedure for permission to deposit in the real estate cadastre is submitted only on the prescribed form, which contains the requirements set out in § 14 paragraph 1 of Act No. 256/2013 Coll., on the real estate cadastre (cadastral law).

Record proposal requirements

Designation of the cadastral office – the cadastral office responsible for the deposit is the cadastral office in whose district the real estate is located, which is related to the contract, agreement or other document.

Designation of the parties to the proceedings – the party to the deposit proceedings is the one whose right arises, changes or extends and the one whose right expires, changes or is limited. Natural persons shall be identified by their first and last names, the address of their place of permanent residence or, in the case of foreigners, their address of residence abroad, their social security number or, if not assigned, their date of birth and, if they are the petitioner, also the number of their electronically readable identification document, if it is issued to them. Legal entities are identified by name, registered office and identification number, if assigned. A lawyer or other person acting on behalf of the participant is not a participant in the proceedings.

Designation of real estate and the rights to it to be entered in the cadastre or deleted from it.

Signature of petitioner.

Record proposal attachments:

Document (1×), on the basis of which the right is to be registered in the cadastre. An inseparable part of the deed is the geometric plan, if the subject of the entry needs to be displayed on the cadastral map. Power of attorney, with an officially verified signature of the principal, if the party to the proceedings is represented by an attorney; if the deposit is made on the basis of a public deed and the authorized person is the person who wrote the public deed, the signature of the authorized person does not need to be officially verified. Officially certified translation of the document on the basis of which the right is to be registered in the cadastre, if this document is not written in the Czech language. The procedure of the cadastral authorities and the documents that are annexes to the proposal for deposit and other documents for the procedure for permission to deposit the right into the real estate cadastre are set out in detail in the provisions of § 11 – 18 of the Cadastral Act and § 26 and § 66 – 70 of Decree No. 357/2013 Coll. . The deposit procedure is also started if the competent cadastral office has received from the court or bailiff its decision or confirmation of the right, which is entered in the real estate cadastre by deposit

Management fees: An administrative fee (hereinafter referred to as „fee“) in the amount of CZK 1,000 is collected for the acceptance of each proposal for the initiation of a deposit authorization procedure in accordance with Item No. 120 of the Annex to Act No. 634/2004 Coll., on Administrative Fees, as amended regulations. For proposals for the initiation of a deposit authorization procedure on the basis of documents related to the construction of a public building (contracts concluded for the purpose of implementing a public building) for waste disposal, water supply, waste water removal and treatment, for public transport, public education, public administration, etc., the cadastral office will collect a fee totaling no more than CZK 10,000. We ask that persons who submit a proposal to start the procedure for permission to deposit in the real estate cadastre and who are eligible to pay a total amount of up to CZK 10,000 for related proposals to notify the cadastral office of this circumstance when submitting the proposal, and to provide credible evidence with the proposal , that they are covered by the said benefit. If the petitioner submits several proposals for the initiation of the deposit authorization procedure at the same time, the fee is paid for each submitted proposal separately. A fee of CZK 500 is charged for the acceptance of the full wording of the declaration on the division of the right to the division of the right to the house and land to the ownership right to the units to be deposited in the collection of documents or the acceptance of the co-owners' agreement on the management of the immovable property to be deposited in the collection of documents. If the party to the proceedings who filed the proposal does not pay the fee in the specified amount even at the request of the cadastral office, the cadastral office will stop the deposit authorization procedure in accordance with § 5 paragraph 4 of Act No. 634/2004Coll. Pursuant to § 8 of Act No. 634/2004 Coll. some participants or acts may be exempt from the fee. If a petitioner – a party to the proceedings, who is exempt from paying the fee, submits a motion to initiate the procedure for a deposit permit, the cadastral office does not require payment from the other party to the procedure, as the person who submits the motion is obliged to pay the fee. The other party to the proceedings would be obliged to pay the fee in the event that he submits the proposal for the initiation of the procedure for permission to deposit in the real estate cadastre together with the party to the proceedings who is exempt from paying the fee. Administrative fees and charges related not only to the submission of a deposit proposal are listed in the tariff.

Procedure of the cadastral office in the procedure for the application for a deposit:

The cadastral office informs persons whose rights registered in the cadastre are to be changed or terminated according to the proposed entry, either through the change monitoring service, to a data box, or by registered letter to natural persons with permanent residence in of the Czech Republic to the address of permanent residence, for natural persons not having permanent residence in the Czech Republic to the address of residence, for legal entities to the address of the registered office. The proposer can withdraw the deposit proposal, but the deposit procedure will only stop if all participants in the deposit procedure agree to this. The cadastral office, after a period of 20 days after sending information to persons whose rights registered in the cadastre are to be changed or terminated according to the proposed entry, decides that the deposit is permitted, if the conditions for permitting the deposit are met; otherwise, it rejects the proposal. In the event that the deposit was authorized and made, the cadastral office will send a notification to the participants of the proceedings about what deposit was made to the cadastre. If a participant whose rights to the real estate expire or are limited according to the registration is represented by an agent in the deposit procedure, the cadastral office will notify not only the agent, but also the participant in the deposit procedure about the deposit made. No appeal, review procedure, renewal of the procedure or action in the administrative court is admissible against the decision authorizing the deposit. An action against the decision to reject the deposit is admissible according to the provisions of the Code of Civil Procedure on proceedings in matters decided by another authority, which must be filed within 30 days from the date of delivery of the decision.

Record

A record is an entry in the cadastre, which records rights derived from property rights.

The entry is entered into the cadastre:

the jurisdiction of state organizational units and state organizations to manage state property,
the right to manage state property,
management of state-owned real estate,
property of the capital city of Prague entrusted to the municipal districts of the capital city of Prague,
property of a statutory city entrusted to city districts or city parts of statutory cities,
property owned by a territorial self-governing unit handed over to an organizational component for administration for its own economic use,
property owned by a territorial self-governing unit handed over to a contributory organization for management.

A proposal for registration can be submitted by a person who has a legal interest in its implementation, a public authority or a territorial self-governing unit that has decided or certified the right recorded in the registration.

The registration procedure and the documents evidencing the right to be registered are regulated in § 27 and § 71 of Decree No. 357/2013 Coll.

The cadastral office will find out whether the proposal for registration is submitted by an authorized person, whether the submitted document is free of writing or numbering errors and without other obvious inaccuracies and whether it is consistent with previous entries in the cadastre, if it is eligible for registration, the cadastral office will make the entry in cadastre, otherwise they will return the document with a written justification to the person who submitted it.

Note

A note is an entry in the cadastre, which records important information regarding the registered real estate or the owners and other authorized persons registered in the cadastre.

The note is entered by the cadastral office on the basis of a delivered decision or notice from the court, tax administrator, business plant administrator, expropriation office, court executor, auctioneer, insolvency administrator, State Land Office, other administrative authority or upon the documented proposal of the person in whose favor the note is to be entered.

A note about real estate is entered concerning:

a submitted proposal for an order for the execution of a decision by the administration of real estate, the sale of real estate and the establishment of a judicial lien on real estate,
execution order for the management of real estate and for the sale of real estate,
an enforcement order to affect a business plant,
a resolution on the continuation of execution by the management of a business plant, a resolution on ordering the sale of a business plant at auction,
resolution on the continuation of the execution of the decision by the management of the business plant, resolution on the order to sell the business plant at auction,
the resolution on the order for the enforcement of the decision by real estate management, the sale of real estate and on the order for the enforcement of the decision by affecting the business plant,
notification of the insolvency administrator about the inventory of real estate that, according to the cadastre, is owned by a person other than the debtor,
resolution on the order of a preliminary measure,
conclusion of an involuntary auction contract,
applications for expropriation of rights to land and buildings submitted to the relevant expropriation office,
start of land improvements,
decision on approval of land improvements,
a decision other than under letter m) or a measure of a general nature, which limits the authority of the property owner or other authorized person to deal with the object of the right registered in the cadastre or with which a restriction is connected by law,
filed in a lawsuit in which the petitioner demands that the court issue such a decision regarding real estate registered in the cadastre, on the basis of which a deposit in the cadastre could be made, if a note of dispute of the registration is not entered on its basis,
provided that the fixed machine or other fixed device is not part of the real estate,
invoking the ineffectiveness of legal action,
the right of use or enjoyment, which is not registered with a deposit, as well as the limitation of the scope or method of use or enjoyment of the item by the co-owners,
subject to priority order for another right,
a priority right to establish a real right for another person,
postponement of cancellation of co-ownership and postponement of separation from co-ownership,
agreement that the owner of the land does not have a right of pre-emption to the right of construction and the owner of the right of construction does not have a right of pre-emption to the land,
subject to consent to encumbering the building right,
prohibition to establish a lien on real estate,
an obligation not to secure a new debt with a lien in a more advantageous order,
an obligation not to allow the registration of a new lien instead of the old one,
a building that is not part of the land,
commencement of enforcement of lien,
arrangement of the order of liens,
release of lien,
fiduciary succession,
prohibition to deal with real estate,
the temporary nature of the real right based on the security transfer,
transfer of real estate information to the records of the Office for Representation of the State in Property Matters,
restrictions on the management and handling of real estate in connection with the provision of support from public funds.

A note about persons is entered concerning:

notification of execution order, if the obligee is not the state or territorial self-governing unit,
a resolution on a preliminary measure, according to which the debtor cannot dispose of the asset or the debtor can dispose of the asset only with the consent of the preliminary insolvency administrator,
notification of the insolvency court about the issuance of the bankruptcy decision,
the decision to declare bankruptcy,
a different decision than under letter d), according to which a person may not dispose of his property or an undefined part of it.

The procedure of the cadastral office and the documents on the basis of which the cadastral office records the note are regulated in § 28 and § 72 – 73 of Decree No. 357/2013 Coll.

The cadastral office will enter a Note on the contention of the entry upon request in the event that the person whose property right is affected seeks the elimination of the discrepancy, and if he proves that he has exercised his right in court. Furthermore, on the basis of the court's notice of the filed lawsuit or on the basis of the plaintiff's documented motion, if the plaintiff filed a lawsuit for the determination that the legal act, on the basis of which the right is to be registered in the cadastre, is invalid, apparent or cancelled. In the event that it is not documented within 2 months from the delivery of the request for registration of a note of dispute that a lawsuit has been filed in court, the cadastral office will delete the note. If the court approves the lawsuit, about which a note of dispute is registered, the cadastral office will delete all the entries against which the note of dispute of the entry applies, which it will then notify to the affected persons. Notification of changes

Owners and other authorized persons are obliged to notify the cadastral office of changes to cadastre data relating to their real estate within 30 days from the date of their creation, and to submit a document evidencing the change (§ 37 paragraph 1 letter d) of Act No. 256/2013 Coll., on the real estate cadastre (cadastral law).

Notification of changes relates in particular to changes in the perimeter of the building, the way the building/land is used, the way the building/land is used, the demise of the building, etc.

Notification of changes must be supported by a document that documents the change (e.g. a zoning decision of the building authority, consent of the agricultural land fund protection authority, decision of the state forest administration body, geometric plan).

Owners and other authorized persons do not have the obligation to notify changes in the case of changes to the address of permanent residence and changes to the name and surname of a registered person who is registered in the register of residents, as well as in the case of changes to the cadastre resulting from documents that the competent state authorities are obliged to send to the cadastral office directly to registration in the cadastre.

Source: ČUZK