In connection with purchasing a property, these two types of proceedings take place most often at the Land Registry:
Who submits a Proposal of Entry at the Land Registry and how:
Any of the parties, in case of purchasing a new property from a developer it is mostly the developer itself (a service for a client). As a rule, the submission is carried out in person at the filing office of the Land Registry, but it is also possible to do it electronically or by mail.
How the parties are informed of the course of the proceedings:
What is an ENTRY:
Through an entry – on the basis of a written proposal submitted to the Land Registry – the creation, modification, limitation or recognition of the existence or non-existence of rights are entered. The most frequent property-related entries are:
Right of ownership
Right of construction
Examples of what is entered through an entry:
What are the processing fees of the Land Registry:
Course of proceedings
Submission of a Proposal of Entry (in writing, through a required form with mandatory attachments).
The Land Registry accepts the Proposal of Entry, which is followed by sealing. The relevant Land Registry informs the owner of the property of the sealing and a twenty-day period begins, during which the proceedings do not take place (period determined for potential expression of parties, appeals against the proceedings, objections etc.). The entry proceedings follow in stages processed, depending on the course of the proceedings – Submission for Processing, Decision to Permit the Entry, Entry Making, Entry Memorandum, or the Land Registry – if the Proposal of Entry has legal defects that do not prevent from making the entry – invites the parties to remove them and determines a reasonable period for such removal. The proposer is allowed to withdraw the Proposal of Entry. However, the entry proceedings are stopped only if this act is approved by all the entry proceedings parties.
After the deadline, the Land Registry issues a Decision to Permit the Entry or a Decision to Dismiss the Entry and informs the parties of this. The legal effects of permitting the entry come into being retrospectively as of the moment at which the Proposal of Entry reached the relevant Land Registry.
How do entry proceedings take place in case of a property in relation to which more Proposals of Entries are submitted?
Generally, the entry proceedings related to the same property are always processed sequentially, not simultaneously, i.e. the entry proceedings with a later date of submission are handled only after finishing the previous proceedings. In contrast to the previous way valid until the end of 2013 – when e.g. the deletion of a lien encumbering the property being sold in the Real Estate Cadastre was carried out through a record –, nowadays these proceedings take place through an entry and if they precede the entry of the Purchase Agreement, they may influence in time the entry of the client´s right of ownership related to the property being purchased. In such a case, the entry of the right of ownership runs only after making the deletion through the entry of a previously-submitted Proposal of Lien Deletion.
If more submissions are recorded with respect to one property at a particular moment, the Land Registry processes them sequentially according to their order, i.e. the day or possibly the time of the submission of the Proposal of Entry. In such a case, the Land Registry usually interrupts the proceedings, i.e. it interrupts the period of decision until it decides on the previous proceedings.
What is a RECORD:
A record is an entry to the Real Estate Cadastre in cases in which the owner is the state, region or municipality and if there is no change of the owner but only the registration of government departments and public organizations managing the property. Deleting a lien fell under this type of proceedings until 31 December 2013 too. Since 1 January 2014 entry proceedings have been carried out in case of deleting a lien.