If the entry made in the Land Registry does not reflect the actual legal status, e.g. an incorrect property owner is registered, it is possible to:
- Request the competent Land Registry to remedy the situation – deletion of the entry,
- Apply with the competent Land Registry for the registration of a note on the disputability of the entry on the affected property, within a period of one month when the defected entry had been discovered by the applicant. The applicant must then file a court petition with the competent court within a period of two months and provide an evidence of such court petition to the Land Registry. Provided the party had not been informed about the registration of the entry in question by the Land Registry, he may enforce his right within a period of 3 years from the registration of such entry instead of the above stated period of one month. If he files the request for registration of the note of disputability of the entry within this period then the note of disputability of the entry will affect the registration of any future entries.
There are also some other means of protection:
Circulation of notification about proposal for new entry in the register:
- The Land Registry will be obliged to inform the owner of the property as well as every entity with a right to the property entered into the land registry (e.g. a lien, easement, right of lease or tenancy) immediately upon receipt of the proposal for a new entry affecting such a property; it will do so by circulating a letter to the permanent residency address or through electronic data box;
- If requested, the Land Registry will also circulate the notification via email or SMS;
- Parties who have applied for so called „Watch Dog“ service, will be informed also via this service;
- The Land Registry will not be able to finalize the registration of the new entry prior to elapse of 20 days from the date of notifying the affected entities of commencing the proceedings.
Optional so called „Watch Dog“ service:
Within this service the Land Registry provides notification to the registered parties about any application for new entry, registration of entry, record or a note. The service may be ordered only by the registered owners for the relevant properties. Notifications will be circulated via email, SMS or data box.
By: Jiří Spoust