Written by Richard Gürlich
of GÜRLICH & Co.
Record placed into the cadastre of real estates
This section covers the explanation of the workings of the cadastre of real estates and to questions surrounding this. The subject of cadastre of real estates is divided into sections; what the cadastre of real estates is, proceedings with the cadastre office and finally the recording of such evidence.
Cadastre of real estates
According to the Cadastre Law the cadastre of real estates is defined as a collection of data about real estate in the Czech Republic that includes; their schedule and description and their location and geometrical determination. The cadastre of real estates is shows evidence of ownership and other legal interests to real estate. It is public evidence whereby everybody has the right to view such evidence in the presence of the officer of cadastre office. The public can take copies, extracts or drawings. Some data evidenced in cadastre of real estates are available on the internet pages of the cadastre.
The first thing to consider is the plot that is considered as a part of ground that is identified by a certain number ( “plot number”). There are several kinds of plots, namely arable land, hop gardens, vineyards, gardens, orchards, forest land, water areas, built-up areas, courtyards and other areas.
The cadastre also shows buildings with allotted descriptive or evidenced numbers, also buildings with no such numbers. Buildings are mainly constructions connected with the ground by a solid base. Not all constructions are in the cadastre, for example underground constructions or constructions that are not connected with the ground by solid base or “petty constructions” are not included.
Flats and non-residential areas are evidenced in the cadastre.
The details include geometrical determinations of real estate, location determination of real estate, determination of territory cadastre, plot numbers, kinds of plots, plot acreages and/or use of land. The cadastre may include also data about legal relationships, including data about the owners and their rights.
Procedure with the cadastre office
The procedure for admission of a record into the cadastre office is divided into several sections. It includes the embarkation of procedure, correction of draft of contribution, reconsideration of draft and related documents and finally adjudication.
Embarkation of procedure – draft of record into the cadastre
The procedure is opened up by the delivery of a draft of record of ownership into the cadastre.
The draft must conform to particular terms so the office can complete the record. The draft must include an indication of the cadastre to which the draft is addressed, the exact identification of the individuals who are party to the procedure and also the designations of rights which are supposed to be entered into the cadastre.
The titles of the cadastre offices can change and so it is necessary to check the correct exact title of the office. This is possible to find in Cadastre Code.
Exact identification is important. The code exactly states the disclosures which are absolutely necessary for identification. It is assumed that if someone does not have a birth number, then date of birth is enough.
The third condition of the draft is the indication of rights that means that the applicant must state in the draft what is to be entered. A draft illustration of a sale contract is attached. The entering of these rights into the cadastre draft of record it is not enough. This draft must be have annexes attached stating the correct number of executions.
According to the Code, upon entry to the cadastre documents must be annexed to the draft of contribution and that means the deed that states the basis upon which it is to be entered into the Cadastre (for example Purchase Contract). By power of attorney if the attendant is represented by a third party, a certificate of incorporation or other legally stated person/entity.
Additionally, it is necessary to provide a deed proving the rights of the owner, or other legally qualified person, to treat the subject of legal operation and provide a certified translation of the deed stating the basis of the right to be entered into the cadastre( if this deed is not written in Czech). This must be handed into the relevant numbered office as per the Cadastre Code.
Correction of draft of contribution
If the draft of record does not have the above stated terms, it will have errors. In that case the cadastre office asks the applicant to correct these errors or present requested deeds within a stated period. The applicant is reminded of the possibility of refusal of the draft should the stipulated duties not be fulfilled.
Reconsideration of draft of record and presented deeds
The cadastre office examines the facts before releasing a decision. Preferably it is better to find out if the suggested contribution is presented correctly at outset.
The office will then ensure that the parties have the legal right to be registered and that there is no outstanding legal issues that could affect this.
If the conditions are fulfilled then the cadastre office will approve the contribution of right into cadastre.
If a draft suffers from errors, or the conditions for accomplishing the record are not fulfilled, then the cadastre office dismisses the draft of contribution and the contribution is not approved. It is possible to appeal within 2 months of the delivery of this adjudication. The appeal goes through the appropriate cadastre office which dismissed the draft. This office examines the appeal whether it can be met and then the office passes it to the county court for a decision.
It is worth pointing out that some cadastre offices reject applications because of over formal reasons or a lack of legal knowledge on their part. Therefore, a large proportion of appeals are successful.
Once again, a suitably experienced lawyer is essential to avoid problems and prevent delays.
Record into the cadastre of real estates
This relates to an entry, record, note or erasure in the cadastre. There is a sequence of events to be adhered to, but there are exceptions.
After receipt of the proposal for permission of entry, record or note, the cadastre office will mark each real estate with a “seal” registering the letter “P” . That means that the real estate is affected by legal process. This register shows third parties that proceedings are under process. Information about the kind of proceedings are provided by the cadastre office.
The administrative procedure regarding the permission of ownership right entry is commenced upon specific legal requirements. The proposal is delivered to the local cadastre office dependent upon the location of the real estate. It must not be signed by all parties, the signature of one part is enough. The cadastre office will notify the other parties of the action. All rights recorded in the cadastre originate, are modified and become extinct according to the so called “principle of intabulation”, which refers to the date of delivery of the proposal.
The registration by record originates on the basis of the legal matter of fact. Thus recorded rights may be modified or become extinct by the law, decision of a Government body, and a few other potential reasons.
The office, during registration by record, proceeds on the basis of deeds established by Government bodies or other deeds that confirm or verify such legal relations.
It is necessary to point out that the cadastre office does not commence the proceeding, no parties exist in the case, the cadastre office does not issue any decision and thus it is not possible to file legal remedy. The change then occurs automatically without decision of the cadastre office.
In case of a note the cadastre office proceeds the same way as registration by record. The note does not influence origin, modification or extinction of rights to the real estate. It may refer to registration of the facts that limit rights of disposal, and it can be considered as information for the third parties about legal defects of real estate.
A note provides the possibility to find information about commencement of certain administrative or court proceedings or that the owner of real estate has limited rights of disposal, etc.