This Article focuses on the significant changes to the Land Register introduced by the New Civil Code and an act no. 256/2013 Coll. The most important change is the strict application of the principle of material publicity – in contrast to the previous legislative regulation the record in the Register is always the decisive factor for determining the existing rights. The recording of real rights proceedings improves the protection of real estate owners from fraud by mandatory informing them about the proposed changes. The real right will not be recorded until 20 days after informing the owner.
The priority principle is strengthened by marking not only days but also hours and minutes of submitting the proposal of real rights record. An existing real right which was not a subject of mandatory record before has to be recorded by January 1, 2018. Neglecting this duty might result in losing the right in favor of an incompatible right recorded later.
The real rights are now recorded uniformly regardless if they originate through a contract, court decision, auction etc. Rights such as lease can also newly be recorded in the Register. The changes also reflect the newly introduced principle in the Civil Code making the ownership of the buildings inseparable from the ownership of the land beneath. This principle does not extend to the buildings and land which had different owners before January 1, 2014, temporary buildings and the buildings built entitled from the right to build.
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