Transcript Land Registry System in Croacia

LAND REGISTRATION
SYSTEM
OF 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
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)
History of Land Registers in the
Republic of Croatia

4 periods :
1) Establishment of land registers in the
second half of 19th century until 1930
2) 1930 Land Registration Act until 1945
3) 1945 – 1996 – the period when land
registers were neglected
4) Re-establishment of land registers as a
registry competent for legal transactions
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
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
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
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)
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
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
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.
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
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
Number of queries at the e-land register portal
25.000.000
20.000.000
15.000.000
10.000.000
5.000.000
0
No of queries
2005.
2006.
2007.
2008.
2009.
8.000.000
8.695.565
14.722.910
20.672.996
20.125.738
LR cases received and resolved in the Republic of Croatia
between 2004 and 2009
700.000
600.000
500.000
400.000
300.000
200.000
100.000
0
2004.
2005.
2006.
2007.
2008.
2009.
1st quarter 2010
LR cases received
175.666
457.075
528.348
550.415
540.901
512.131
123.715
LR cases resolved
219.375
517.040
593.523
576.296
561.182
524.726
132.906
LR extracts issued in the Republic of Croatia
between 2005 and 2009
1.800.000
1.750.000
1.700.000
1.650.000
1.600.000
1.550.000
1.500.000
1.450.000
1.400.000
1.350.000
LR extracts issued in RoC
2005
2006
2007
2008
2009
1.512.807
1.693.991
1.750.645
1.751.873
1.636.356
UNRESOLVED LR CASES IN LR OFFICES IN THE
REPUBLIC OF CROATIA
450.000
400.000
August
2004
350.000
2004.
300.000
250.000
2005.
200.000
2006.
150.000
2007.
2008.
2009.
100.000
1st quarter
2010
50.000
0
unresolved LR cases
August
2004.
2004.
2005.
2006.
2007.
2008.
2009.
Ist quarter
2010
395.500
318.650
214.528
149.214
122.501
105.123
95.217
85.687
Flow of transcription and verification of LR in RoC
between 2004 and 1st quarter 2010
120%
100%
80%
60%
40%
20%
0%
2004.
2005.
2006.
2007.
2008.
2009
I kvartal 2010.
Transcribed
22%
56%
93%
98%
99%
100%
100%
Verified
1%
9%
27%
40%
52%
84%
93%
Transcription and verification of LR files on
March 31, 2010
ready for verification;
7,33%
verified
92,67%
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 aforementioned 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.
Land Database Model
A
State
Geodetic
Administration
B
Ministry
of Justice
C
Abstract Model of Land
Database
A
State
Geodetic
Administration
L
D
B
B
C
Ministry
of Justice
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
 Thank you for your attention !