Entry by record in the land register (záznam)

A záznam (record) is one of three ways rights are entered in the Czech land register, alongside registration (vklad) and notes (poznámka). Under Section 6 of the Cadastral Act, a record is used for rights derived from ownership. It concerns neither ownership itself nor encumbrances, but who manages or administers property owned by someone else, typically by the state or a municipality.

What is entered by record

The list is in Section 19 of the Cadastral Act:

• the competence of state organisational units and state organisations to manage state property,
• the right to manage state property (held, for example, by the state enterprise Lesy České republiky, the Czech state forests),
• administration of state-owned real estate,
• property of the City of Prague entrusted to its districts, and property of statutory cities entrusted to their districts or parts,
• property of a region or municipality handed to an organisational unit for administration or to a public-benefit organisation for management.

How it differs from registration

Since 2014, all rights in rem, such as ownership, mortgages or easements, have been entered by registration (vklad), whether they arose by contract, by law or by a decision. The cadastral office decides on a registration in formal proceedings. A record is simpler: the office checks that the application was filed by an entitled person, that the document has no obvious errors and follows on from existing entries, and then makes the record; otherwise it returns the document with reasons (Section 21). An application can be filed by anyone with a legal interest or by the authority that decided on the right (Section 20).

Until the end of 2013, Act No. 265/1992 Coll. applied, under which rights arising by law, by a decision of a state authority, by an auction award or by prescription were also entered by record. Older documents and commentaries therefore use the term in a broader sense.

How to read it on the LV

The derived right is shown in part A of the title sheet (LV) next to the owner, for example the Czech Republic as owner and a state organisation with the competence or right to manage the property. For the type of owner of neighbouring plots, see ownership type.

Frequently asked questions

Will I find out about a record on my property?

Yes, if you have the change-alert service; it also reports records (Section 19 of Decree No. 358/2013 Coll.).

Is the record procedure used elsewhere?

The record procedure also applies, with adjustments, to entering and deleting notes (Section 26) and to entering other data, such as data on a new building (Section 28 of the Cadastral Act).