It often happens that we inherit an unregistered land, or that we would like to buy a land from a person who is registered as a possessor in the cadastre, who uses and is considered as the owner of the land despite the fact that persons who are not owners are registered in the Land Register. These are situations in which a property title is unregistered.
Regardless of whether we would like to buy/sell such a property, transfer the legal title to another individual, or just resolve an unregistered property title issue for our children, in the most such cases it shall be initiated:
It is further clarified that in this procedure the persons registered in the land register or their heirs/legal successors (who are unknown to us) shall not be parties in this procedure, and the registration of property title shall be requested based on a document (possessory sheets, decision on inheritance, purchase contract which is not certified by a notary public, etc.) that proves who is the current legal title owner and because of this reason certain land registry entries shall be harmonized with the actual property status.
In addition to the above-mentioned basic division of proceedings for dealing with an unregistered property title, it is important to point out that also some other procedures may be initiated such as proceedings to determine the right of ownership over a separate part of property which may be later subdivided; request to settle the dispute amicably which is necessary to file when a person intends to file a lawsuit against the Republic of Croatia; while in the case of initiating the cancellation claim the holder of a registrable right which has been infringed by the entry in favor of another person is authorised to request the cancellation of all entries that infringe his rights and the establishment of the former land registry status.
Which procedure shall be initiated in order to deal with an unregistered property title in Croatia depends on the circumstances of each case. A lawyer could help you to get a clear picture of your rights and legal options.
Author: Silvija Žužić | Lawyer Croatia | Law office Rijeka, Krk