Entries in the Land Register

Registration

The application for registration in the Land Register must be unconditional and without reservation . As a rule, the application must emanate from that party who, by means of the entry (including deletion), relinquishes a right or incurs an encumbrance. The land registry administrator may make entries and deletions in the Land Register only upon written application. Each application shall be recorded in the diary immediately upon receipt. The date of registration in the diary is decisive for the entry in the Land Register.

Legal land certificate

The proof of legal basis is the legal act which establishes rights and obligations for the legal change in the land register (e.g. contract, declaration, verdict).

Rights of disposition certificate

Entries in the land register may only be executed upon application by persons entitled to dispose of the property or their legal representative. The identity of the disposer(s) and any restrictions on the right of disposal must be checked.

Effect of the Land Register entry

Entries in the land register have a decisive effect on the existence of rights in rem. Insofar as entry in the land register is required for the creation of a right in rem, this right exists as a right in rem only if it is evident from the land register.

Bona fide third parties who acquire a right in rem based on an entry in the Land Register are protected (principle of public faith of the Land Register).

Public faith of the Land Register

The Land Register is public. If there is a justified interest, inspection of the Land Register is granted or an extract is made from it.