The land register is the basic document recording the legal status of real estate. Any change regarding the owner, use or encumbrance of the property must be recorded in it. A change in the land register is not only a legal obligation, but also a key element in ensuring the legal security of property owners. In this article, we will present the most common reasons for changes in the land register and explain when to report them.
The most common reasons for changes in the land register
A change in the land register can result from various life and business situations. Below are the most common reasons that force an update of the land register.
1. change of property owner
Change of ownership in the land register is one of the most common reasons for updating. This can occur as a result of sale, donation, inheritance or other legal actions:
- Sale of real estate – at the time of sale, the new owner must report the seizure of the property so that his ownership rights are legally protected.
- Donation of property – in the case of a donation, the new owner must also report the change.
- Inheritance – after the death of the owner, the heirs must update the land register to formally take over the rights to the property.
2. changes in real estate encumbrances
Another important reason for updating the land register is a change in the encumbrances on the property. These can be the establishment of new mortgages, easements or usufruct:
- Mortgage – taking out a mortgage requires a mortgage to be recorded in the land register. Repayment of the loan and release of the mortgage must also be recorded.
- Easement– the establishment of an easement (e.g., a necessary road) requires an entry in the land register.
3. division or amalgamation of real estate
A change in the land register can also be the result of a division or merger of real estate. The division of a plot of land into smaller parts or the merging of several plots into one must be noted in the land register.
4. change of use of property
Changing the use of a property, for example, from agricultural to construction, also requires updating the land register. Such changes affect the value of the property and its use.
5. change of owner data
The land register may also need to be updated if the owner’s data changes, such as name, residential address or PESEL number. This is important so that the data in the land register is always up-to-date and accurate.
When to report changes to the land register?
Reporting changes to the land register should be done as soon as the circumstances requiring the update occur. Delays in reporting changes can lead to legal problems and complications in real estate transactions. In order to make changes to the land and mortgage register, an appropriate application must be filed with the district court having jurisdiction over the location of the property.
The process of reporting changes to the land register involves several key steps. First, you need to prepare an application on the appropriate form, which can be downloaded from the court’s website or obtained directly from the court. Next, the application must be accompanied by the necessary documents, such as the sales contract, deed of gift, order of inheritance or other documents confirming the change. After submitting the complete application to the district court, along with payment of the appropriate court fee, it remains to wait for the court to make an entry. The waiting time for the entry may vary depending on the court’s workload, so it is worth being patient and monitoring the progress of the case regularly if necessary.
Virtual office as support in the process of reporting changes to the land register
Using a virtual office can significantly ease the process of filing changes to the land registry. A virtual office offers administrative support, such as handling correspondence.
A professional correspondence service ensures that all documents related to updating the land registry will be received, filed and forwarded in a timely manner, minimizing the risk of delays.