Do you have a so-called black building on your property? Does the boundary of your land not correspond to what is plotted on the cadastral map? Or is someone else listed as the owner? Then there is a discrepancy between the entry in the cadastre and the actual situation. This can cause you a lot of trouble if you want to sell the property or apply for a building permit. In this article, we will look at how a discrepancy can arise and how to resolve it.
A discrepancy between the entry in the Land Register and the actual state of the property means that the data in the Land Register do not correspond to the actual state of the property. This may be the case if there is a family house on the land, but it is not in the cadastre at all. It is then a so-called black building. Alternatively, you have an inherited house, but the owner is someone else in the land register.
The discrepancy in the cadastre may be of a technical or legal nature:
A technical discrepancy consists of the wrong physical dimensions of the land or the location of the property in the terrain, which differ from the data recorded in the Land Registry. This includes errors in measurement, inaccuracies in the location of boundaries, etc.
Does the cadastral data not match?
Leave it to us. We will find out what your legal problem is and propose a solution, including a fixed price. You will receive a proposal and quote within 24 hours and if you use our services to solve your problem, we will refund your fee.
A legal inconsistency means that there is an error in the registration of rights to the property. Most often, these are errors in the ownership right, which arise when the ownership right listed in the cadastre does not correspond to the actual legal status of ownership.
The actual status should always correspond to the cadastre. There may be a nosy neighbour who reports your black building. Or someone buys the neighbouring property and wants to sort out the property boundary, so you have to remove your brand new fence. However, the biggest problems can arise when you are going to do something with the property, such as sell it or mortgage it. Let’s look at these situations in more detail:
Tip: Are you planning to sell or buy a property? We will provide you with a complete contractual and legal service related to the purchase or sale of real estate. We can do it within 48 hours, flawlessly and professionally.
In recent years, the cadastral map has been converted into digital form. As a result, the cadastre has revealed a number of inconsistencies, especially for older properties. Along with this, many ordinary citizens have started to address the inconsistencies and sometimes in a rather indiscriminate way.
Disputes over property boundaries after digitisation became frequent. A lot of land was demarcated by eye and not much consideration was given to whether there were a few metres missing on one side and excess on the other. A lot of neighbours agreed to leave the boundaries as they are or to exchange land with each other. However, some people decided to solve the situation radically – the given part of the land is theirs and they do not care that a part of the neighbour’s house, fence or garage encroaches on it.
However, these people have often failed. This is because the so-called ” possession” came into play. It is possible to hold on to a property if the owner has continuously held the property for at least ten years (e.g. the house has stood on the land for more than 10 years) and at the same time was convinced that the property belonged to him and had the title (e.g. the purchase contract).
It is also possible to hold the property without a title but only if the owner has held the property for at least 20 years. The period during which the property was held by the former owner counts towards the total holding period.
Tip: This year a new building law came into force. Read what changes it brings.
If you are concerned that your property may be affected by a non-compliance but are unsure, it is easy to check. Just look at the Land Registry. There you will find all the information relating to your property – titles of acquisition (e.g. purchase contracts), geometric plans, mortgage agreements, easements, etc.
You can access it online via the website of the State Administration of Surveying and Cadastre. Here you can find your property by entering the parcel number, housing unit number or manually on the cadastral map. In addition, you can also open the cadastral map on mapy.cz, where you can easily check whether the cadastral boundaries of your land or the layout of your house correspond to reality using satellite images.
Tip: You can learn more about consulting the cadastre and changing the data in it in our next article.
The solution depends on whether it is a technical or legal discrepancy:
In this case, you need to file a petition to correct the erroneous cadastral data. However, it can only be filed for discrepancies that occurred after 1964 (specifically 1 April). For older errors, the same solution must be chosen as for a legal inconsistency.
The cadastral office itself may also proceed to correct a technical discrepancy if it discovers the error itself. Once the error has been corrected, you will receive a notification of the correction.
If you disagree with the correction, you can send your disagreement to the Land Registry within 30 days. The cadastral office will then start the procedure to correct the error. This involves the cadastral office examining the reasons that led to the correction of the discrepancy and also considering the reasons for your disagreement. In addition, it may also propose an oral hearing with you and other persons concerned.
In the case of a legal non-compliance, the solution is a little more complicated, specifically there are two options:
Tip: We will help you with the drafting of the application for entry into the Land Registry so that everything is in order the first time and you do not miss important deadlines or lose money.
The discrepancy between the information in the cadastre and the actual situation may be of a technical or legal nature. A technical discrepancy involves errors in measurements, etc., while a legal discrepancy refers to errors in property law. The issue of non-compliance can complicate changes relating to the property such as sale, reconstruction, and requires legal action to resolve it, such as correcting the erroneous entry, noting a dispute or controversy with a lawsuit, or a new application for registration.
Our team of experienced attorneys will help you solve any legal issue. Within 24 hours we’ll evaluate your situation and suggest a step-by-step solution, including all costs. The price for this proposal is only CZK 690, and this is refunded to you when you order service from us.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
In person and online. Just choose the appropriate service or opt for an independent consultation when you are unsure.
