An encumbrance is a constraint on the title deed of a property which restricts the rights of its owner to act on that property, or which may affect the security value of the property.
This note is intended to give some brief information about the potential encumbrances you may come across.
WHAT IS THE ‘SUBJECT TO LAWSUIT’ ANNOTATION?
This is when a court decides that the ‘subject to a lawsuit’ annotation should be registered with the title deed in connection with a real estate dispute that is under trial. The interim decision is therefore to be registered with the registry. This annotation does not preclude the transfer or assignment or the creation of the same right.
WHAT IS A FINALIZED COURT DECISION?
A person who acquires a property by virtue of a court decision becomes the owner of that property before the registration. The court’s decision is entered in the statements column to prevent the former owner to commit any act driven by bad faith or malicious intentions during the term until the consummation of registration procedures.
The family (residential) building annotation will be registered with the land register upon the request of the spouse who is not the owner. Following the annotation, the owner may in no event transfer or assign, or create a real right over the property unless the other spouse gives his/ her written consent.
WHAT IS THE “SUBJECT TO RENEWAL” STATEMENT?
This means the renewal of land or cadastral registrations which have remained inadequate or insufficient due to technical reasons, or which have been robbed of their practical value, or which have missing items. This subsequently necessitates edits and changes to the land registry details.
WHAT IS THE “TEMPORARY STRUCTURE” ANNOTATION?
In an area which is reserved for public services in a zoning plan, the municipality council or the provincial administration board may permit temporary buildings until the implementation of the zoning plan and the permit is registered with the title deed. The term of the temporary structure annotation is ten years but in case there is a change to the zoning plan during this time, the municipality is authorized to expropriate this temporary structure.
WHAT IS THE “ZONING LAW ARTICLE 18” ANNOTATION?
This article prescribes that lands with or without buildings thereon within the boundaries of a zoning site may be assembled or joined with each other or road excesses or sites owned by public agencies or municipalities. They may be re-divided into parcels or lots in line with the applicable zoning plan. They may be distributed among the rightful owners on the basis of independent shares or condominium principles. The registration procedures may be completed ex officio without the need to seek the consent of their rightful owners.
WHAT IS “GROUND-ORIENTED SHARE”?
This refers to areas that may arise during the implementation of Article 18 of the Zoning Law, but are not big enough to create an independent parcel. They are therefore assembled with other smaller pieces owned by the Treasury, the Municipality or individuals and they are aggregated into an independent parcel. The ownership column at the land registry is also revised and apportioned. This regulation is only applicable for the ground shares rather than independent units.
WHAT ARE ANNOTATIONS THAT DERIVE FROM OIZ LAW?
Organized Industrial Zones (OIZ) are designed to allow companies to operate within an investor-friendly environment with ready-to-use infrastructure and social facilities. The existing infrastructure provided in the zones includes roads, water, natural gas, electricity, communications, waste treatment, and other services. Annotations sometimes refer to Organised Industrial Zones and can be as follows: “Assent should be obtained from the Organized Industrial Zone management for the judicial sale or right of redemption / repurchase.”
WHAT IS THE ‘JOINT ACCESS AND COMMON AREAS OF USE’ ANNOTATION?
A joint access or common area of use can refer to any property, independent unit, or parcel that is set besides a common area of use such as social facilities and commercial spaces. On the title column of the land register for this kind of site there will be written the number of properties, units and parcels that benefit from it, rather than the individuals names.
WHAT IS DONATION WITH THE CONDITION OF REVERSAL?
When the donatee dies before the donator, the right over the donated property will revert back to the donator. The ‘donation with condition of reversal’ ensures that the title deed of the property is automatically and immediately returned to the donator.
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