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’ll look at how a discrepancy can arise and how to resolve it.
Quick overview
A discrepancy in the cadastre means that the data in the cadastre does not correspond to the actual situation.
This can be a technical error (map, boundaries) or a legal error (ownership).
A technical discrepancy is resolved by correcting the error in the cadastre.
A legal discrepancy is resolved by a deposit, a note of contentiousness or an action to establish ownership.
If you find that the information in the cadastre does not correspond to reality, it is important to resolve the problem as soon as possible. We can help you prepare a proposal to correct the error, a petition for registration or the necessary action. Just describe the situation to us and we will send you a proposed solution within 24 hours.
A discrepancy between the entry in the Land Registry and the actual situation means that the information in the Land Registry does not correspond to the actual situation. This may be the case if there is a 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.
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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.
In practice, we encounter cadastral discrepancies most often in the sale of older houses where the actual boundaries of the land do not correspond to the historical cadastral map. Unfortunately, a frequent mistake of our clients is that they discover the discrepancy only when selling the property, when the bank or the buyer demands its resolution.
The actual condition should always correspond to the cadastre. There may be a nosy neighbour who will report your black building. Or someone buys a 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:
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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 land 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).
Real estate can be exceptionally held after 20 years of possession if the holder is not dishonest, even if he does not prove the legal reason for the acquisition. The period during which the property was held by the former owner counts towards the total period of possession.
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:
An application for correction of an erroneous cadastral entry can be submitted if the entry in the cadastre is clearly contradictory to the deed or if there is another obvious inaccuracy in the cadastral register.
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 cadastre 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.
Just look in the Land Registry and compare the data with the real state of the property.
Usually several weeks if the error is unambiguous.
The administrative fee is 2 000 CZK.
Yes, the buyer or the bank can request its removal.
In such a case, the dispute may be resolved by a court action to establish the boundary.
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.
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