The land registry contains all relevant data of every real estates in Hungary. The registration of a right or a fact to the land registry is a constitutive act, which means that the registration constitutes the right or the legally relevant fact of the entitled person.
From another point of view the constitutive feature of the land registry helps to keep the registry up-to-date as it makes the entitled person interested in the registration.
The registration of any right, data or fact to the land registry is based on:
- a contract,
- final judgement of a court,
- or final administrative decree of fan authority.
The land registry procedure is commenced basically by request. The latter means that the procedure should be commenced by the person who will be entitled after the registration of him right to the land registry.
The principle of ranking is concerned by the date of submission of the request. The latter means that the ranking of the right or fact to be registered depends on the date of the filing of the request by the land registry (the land registry gives an attestation by the submission of the request).
In the land registry procedure legal representation is obligatory if the proceeding is commenced by request. Legal representative can be:
- attorney,
- public notary or in certain cases
- a solicitor.
The deadline of the submission of the request is 30 days, which begins from the date of conclusion of the contract. The missing of the above deadline implies the levy of a penalty.
The land registry procedure is liable to duty.
The duty of the:
- registration of ownership right is HUF 6.000,
- the duty of the registration of mortgage right is HUF 12.000,
- the deletion of usufructuary right, exploitation right or mortgage right is HUF 2.000.
The duty has to be paid by the person who obtain the right or acquit the obligation in consequence of the registration (e.g the new owner of the real estate).
Budapest, July 2008
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