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Frequently Asked Questions 1. What is the difference between the cadastre and land registry? The system of registering the real property and appertaining titles in the Republic of Croatia is based on two registers: cadastre and land registers.
The cadastre is responsible for describing real properties while the land registry is responsible for titles over previously described real properties. Due to historical reasons, these two registers in the Republic of Croatia have not been kept concordantly so there are numerous situations where the actual title holders are registered in only one of the registers.
For information on the cadastre, please contact the State Geodetic Administration (and for information on the land registers, please contact the Ministry of Justice (). What if there is a difference between the numbers of cadastral parcels in the cadastre and in the land registry? If a real property is located in an area where there are differences in the numbers of cadastral parcels in the cadastre and in the land registry, or rather in a cadastral municipality where the renewal or land registry establishment has not been performed, it is possible to ask the in-line cadastral office about the parcel identification data for further proceedings. How to register in the land register if the data in the cadastre and land registry are not harmonised?
The data harmonisation in the cadastre and in the land registry is not a precondition for registering in the land registers but, if the data differ in the land registry and in the land cadastre, the valid registration data is the data in the land registry, until they are changed (Article 10.3 of the Land Registration Act). If the real property data is not harmonised between the land registry and the cadastre, then it is necessary to conduct harmonisation procedure between cadastre and land registry statuses. The modification of the cadastral number, form, surface area or degree of land development shall be implemented in the land register on the basis of the ruling passed by the land registration court ex officio after the body responsible for the cadastre has submitted an application report about the modification in the land cadastre (Article 10.4.
Of the Land Registration Act). Upon receiving the application report from the cadastre, the land registration court shall immediately indicate in the property section that a procedure has been initiated for the data modification.
The application report is produced by licensed geodetic engineers and authenticated by the in-line cadastral office. When the data is modified in the application report so that the change in the data on the form, surface area or degree of land development might affect the scope, content and viability of registration data, the land registration court can implement such a change only if the title holders gave their consent to implement these changes in a deed fit for registration (Article 145.4 of the Land Registration Act). Land Database (LDB) The Land Database (LDB) consists of real property cadastral data on the name of the cadastral municipality, cadastral parcel number, shape, surface area, degree of development and land use as well as land registry data on title holders, legal facts and personal relations.
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In the Land Database, cadastral data is under the jurisdiction of bodies in charge of the cadastre, while land registration courts are responsible for data on title holders, legal facts and personal relations. ABOUT THE CADASTRE 1.
What is the cadastre? The cadastre denotes records containing the data on cadastral parcels, buildings and other structures permanently present on the land or under its surface, as well as the special legal status on the land surface. The cadastral records are kept by State Geodetic Administration regional offices and Zagreb City Office for Cadastre and Geodetic Works. The offices that manage the cadastre are generally known as cadastral offices or simply the cadastre.