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LAND REGISTRATION SYSTEM OF THE REPUBLIC OF CROATIA

Learn about the history, regulations, and current status of land registration in Croatia. Discover the progress made in the reform of the land registration and cadastral system.

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LAND REGISTRATION SYSTEM OF THE REPUBLIC OF CROATIA

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  1. LAND REGISTRATION SYSTEMOF THE REPUBLIC OF CROATIA Mirela Fučkar, dipl. iur., Head of Department at the Ministry of Justice of the Republic of Croatia Damir Kontrec, dipl. iur, Judge at the County Court in Varaždin Madrid, May 7, 2010, the 10th General Assembly of ELRA

  2. Presentation Contents • History of land registers in the Republic of Croatia • Regulations that regulate today the records on real estate in the Republic of Croatia • Status of land registry and cadastral records • Real property registration and cadastre program • Objective – development of single Land Database (LDB) and a real property registration and cadastre Joint Information System (JIS)

  3. History of Land Registers in the Republic of Croatia • 4 periods : • Establishment of land registers in the second half of 19th century until 1930 • 1930 Land Registration Act until 1945 • 1945 – 1996 – the period when land registers were neglected • Re-establishment of land registers as a registry competent for legal transactions

  4. Constitution of the Republic of Croatia • Article 48 of the Constitution – • ownership right is guaranteed • ownership is an obligation and holders of ownership right are obliged to contribute to the general good • foreign persons can acquire ownership right under conditions stipulated by the law • inheritance right is guaranteed

  5. Law on Ownership and Other Real Rights • entered into force on January 1, 1997 • a new real and legal regime • re-established principle of legal indivisibility of real property (superficies solo cedit) • a closed number (numerus clausus) of real rights – ownership, construction right, lien, real encumbrances, servitudes • trust in the truthfulness and completeness of land registers

  6. Land Registration Act • Modelled after the Austrian Land Registration Act (tradition) • Codification of material and process land registration law • Court practice based on the new Act • Land registers are re-established again as the only records legally competent for real property legal transactions • Development of market economy, mortgage law, increase in the number of cases in land registries

  7. Real Property Records in the Republic of Croatia • Land Register – records on legal status of real property (who the owner is, which encumbrances exist) • Cadastral data is the basis for land registers, for the sheet A of land register • Competency of courts – Municipal Courts • Real Property Cadastre – records on area, shape, land development, cadastral parcel land use • Data on owners and other authorized persons is not the original cadastral data, but the data taken over from the land register • Competency of state administration (State Geodetic Administration, cadastral offices)

  8. Cadastre • Law on State Survey and Real Property Cadastre • Cadastral data, in relation to land registry data, is often more accurate because the changes have been conducted in cadastre and not in land register • However, the cadastral data often does not correspond to the actual situation of real property in the field

  9. Reasons for the reform of land registration and cadastral system • Land registers are not up-to-date (neglected in the period of socialist regime) • Land registers and cadastral data are not harmonized • Data in records does not correspond to the situation in the field • The needs of market economy for security in real properties (mortgages, fiduciary contracts) • Protection of ownership rights • Protection of domestic and foreign investments • Great number of unresolved cases in land registry courts

  10. Organized Land Program • Organized Land is a national program of regulating land registers and cadastre of the Government of the Republic of Croatia, and it covers all of the activities conducted by the Ministry of Justice and State Geodetic Administration with the objective to modernize and organize the situation related to real property registration in the Republic of Croatia – started in 2003 – still ongoing • The Project was launched with the basic objective to build an efficient land administration system in order to contribute to the development of an effective real property market. The Project is mostly financed by the World Bank loan, then the European Union donations and the Republic of Croatia budgetary funds.

  11. What has been achieved • Systematic education of land registry judges and clerks • Manually kept land registers were transcribed into digital form (in computers) in 100%, and the data has been verified in 93% of land registry files • Data harmonization has been conducted in 92 main books (cadastral municipalities) • Ongoing harmonization of cadastral and land registry data for 52 main books (52 cadastral and 52 land registry commissions), • Backlog of unresolved cases has been reduced (by 76,16%) • Less time needed to resolve cases (from 88 to 65 days – the period between 2004 and 1st quarter 2010) • All land registry data is available on the Internet – through the number of cadastral parcel or the number of land registry file

  12. Statistical data • In the period between 2005 and 2009 at land registry courts in RoC : • New cases received– 2.712.335 • Cases resolved - 2.959.673 • Land registry extracts issued– 8.766.431

  13. LR cases received and resolved in the Republic of Croatia between 2004 and 2009

  14. LR extracts issued in the Republic of Croatia between 2005 and 2009

  15. UNRESOLVED LR CASES IN LR OFFICES IN THE REPUBLIC OF CROATIA

  16. Flow of transcription and verification of LR in RoC between 2004 and 1st quarter 2010

  17. Transcription and verification of LR files on March 31, 2010

  18. What is JIS? • The basic objective of Organized Land is to create the Real Property Registration and Cadastre Joint Information System (JIS), i.e. to establish a single database for cadastre and land registers, as well as a single application to manage and maintain the afore-mentioned data. This will be highly benficial to users – less time will be needed to access data and to register real property, the citizens will be able to see at one place the ownership structure of real property and its location in space, and there will be many other functionalities. Therefore, this system is a key leverage for the development of e-Croatia and entrepreneurship, and will ensure the trust of citizens into registries.

  19. State Geodetic Administration Ministry of Justice Land Database Model A B C

  20. State Geodetic Administration Ministry of Justice Abstract Model of Land Database L D B A B C

  21. What are the expected benefits of JIS? • The JIS establishment will ensure the following: • Accelerate real property registration in both the cadastral and land registration system • Raise the level of legal security in real property transactions • Rationalize both systems and simplify business processes • Ensure that the harmonized data from both systems have no more discrepancies • Improve relations with users, and ensure a faster and good quality service provision

  22. Thank you for your attention !

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