Contents of Real Estate Registers
- from hidasi.hu -
Settlements record the data and information for each and every real property in the
country, along with any pertinent rights and facts of significance for legal purposes.
The keeping of real estate registers and the administration of real estate registration
matters fall within the jurisdiction of the regional land title (land registry) office of the
area where the property in question is located and of the Land Title Office of the
Districts of Budapest in Budapest.
The Title Deed
For the purposes of real estate registration, all data pertaining to a piece of real
property and any associated rights and facts of legal importance are recorded on the
title deed.
Title deeds are numbered in sequence, starting with one, in each settlement. Each title
deed has the name of the settlement indicated next to its serial number. For the
purposes of real estate registration, rights and entitlements are created upon being
recorded in the title deed. Examples are: ownership pursuant to transfer, or asset
management right, use of land, usufruct and the right of use, easement and mortgage
(independent lien) based on contract.
Registers of real estate are public information. A real estate registration title deed may
be reviewed without restriction by any person, notes may be made and official copies
may be requested.
Real estate registration records are construed as authentic proof of registered rights
and recorded facts. If a right or a fact has been registered or recorded in the real estate
register, lack of knowledge of such does not constitute an excuse under any
circumstances.
Rights to be Recorded in the Real Estate Register
The following property-related rights, and the holders of such, may be recorded in real
estate registers:
a) ownership rights, and, in respect of state-owned real estate, the organization
exercising the state's ownership rights and asset management rights,
b) permanent right of use for members of housing cooperatives,
c) land use on the basis of agreement or court decision,
d) usufruct and the right of use,
e) easement rights,
f) permanent geodetic markings, land survey pilot areas, right of use for the
placement of power supply equipment, furthermore, cable rights, water line and mining
easement rights, furthermore, easement rights and utilization rights in the public
interest as prescribed by law,
g) right of first refusal and right of repurchase and purchase,
h) right of support and life annuity,
i) mortgage (independent lien),
j) right of execution.
Method of Real Estate Registration
The sizes of real properties are recorded in the metric system (hectare, square
meters). The commencement, modification or termination of a right or fact related to
real property is registered in the real estate register upon application or request.
Applications shall be submitted to the local land title office within 30 days of the date of
the contract (legal statement) serving basis for registration. (your lawyer countersigning
your Purchase contract, is taking care of this).
Any failure to meet the deadline specified for the submission of application for
registration may result in the imposition of default penalty as described in the Duties
Act.
Applications shall be submitted with the documents, and two copies of such including
the clause on the document (approval, certificate, etc.), serving basis for registration, as
well as other documents necessary for registration and for the assessment of duties.
Registration shall be requested by the party who will become the right-holder in
consequence. Registration may also be requested by a party whose registered
entitlement is affected thereby.
If the foreign person indicated in the application for registration has no domicile in
Hungary, the name and residence (or company) address of the Hungarian delivery
agent of such person be attached with the application for registration, as well as the
statement of acceptance from the agent.
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Disclaimer: the article serves merely information purposes. Due to its extent, it is neither an all round information nor shall it be qualified as legal advice.
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