Lawyer Andrej Bašović

Pojedinačni ispravni postupak – Što je i kada vam može pomoći? (Vodič 2025.)

Intro

Errors in the land register are not uncommon. Incorrectly recorded ownership, encumbrances, or parcel details can slow down a property sale, prevent mortgage approval, or result in lengthy legal disputes. To resolve these issues, Croatian law provides the individual correction procedure – an efficient, targeted, and faster method of correcting specific land registry errors.

This guide explains everything you need to know about initiating and conducting the procedure, with practical insights from legal practice.

1. What Is the Individual Correction Procedure?

The individual correction procedure is a special land registry procedure intended to correct:

  • incorrect entries in the land register,
  • entries based on invalid or incomplete documents,
  • unrecorded rights despite the existence of valid documents,
  • data that do not reflect the actual legal or factual state.

Unlike a comprehensive correction procedure, this process focuses on a single, specific error, making it faster and less burdensome for the parties involved.

2. When Is the Individual Correction Procedure Initiated?

The most common reasons for initiating the procedure include:

Incorrectly Registered Owner

For example, a property sale has been completed, but the registry still lists the previous owner due to a missing or incorrect entry.

Valid Document Exists but Is Not Registered

This may involve a purchase agreement, gift deed, inheritance decision, or another document proving your right, but which was never recorded.

Entry of Encumbrances That No Longer Exist

Examples include mortgages or annotations of legal disputes or enforcement actions that have already been resolved.

Incorrect Identification Data

Errors may relate to the party’s name, address, personal identification number, or the description and acreage of the parcel.

Entry Based on Invalid or Forged Documents

If an entry was made on the basis of a document later declared invalid or found to be forged, the land registry record must be corrected.

If such errors are not corrected, they may significantly affect your property rights and future legal actions—making timely initiation of the individual correction procedure essential.

3. Who May Submit the Application?

The following persons may initiate the individual correction procedure:

  • owners and co-owners of the property,
  • persons with legal interest (buyers, heirs, mortgage creditors, etc.),
  • attorneys representing clients,
  • state authorities in cases involving the protection of public interest.

4. How Does the Procedure Work?

The individual correction procedure consists of several key stages:

1. Filing the Application with the Land Registry Court

The application is submitted to the land registry department of the competent municipal court and must include:

  • a detailed description of the identified error,
  • documents and evidence supporting the proposed correction,
  • parcel and registry file references,
  • an explanation of the applicant’s legal interest.
2. Court Examination

The court reviews the submitted documents and compares them with the land registry data. If necessary, the court may:

  • schedule a hearing,
  • hear the parties involved,
  • request additional evidence or clarifications.
3. Coordination with the Cadastre

If discrepancies exist between land registry and cadastre records, the court may verify the situation with the cadastre or request additional documentation.

4. Issuing a Decision

Upon completion of the examination, the court issues:

  • a decision approving the correction, or
  • a decision rejecting the application if the evidence is insufficient.
5. Registration in the Land Register

A final decision serves as the legal basis for updating the land registry, thereby permanently correcting the erroneous entry.

5. How Long Does the Procedure Take?

The duration depends on the complexity of the case, the court’s workload, and the completeness of the documentation, but typically:

  • 30–90 days for simple cases,
  • 3–12 months for more complex cases,
  • longer when disputes arise between parties.

The quality and completeness of the submitted documentation significantly influence the speed of the procedure.

6. Costs of the Procedure

Common costs of the individual correction procedure include:

  • court fees for submitting the application,
  • notary certification fees,
  • potential expert witness or document retrieval costs,
  • legal representation fees.

In practice, timely involvement of an attorney often reduces the overall duration and the risk of rejection due to procedural or substantive deficiencies.

7. Why Is It Important to Correct Errors in the Land Register?

Inaccurate land registry data may result in:

  • inability or significant difficulty in selling property,
  • rejection of mortgage or loan applications,
  • legal uncertainty regarding ownership rights,
  • enforcement measures that remain formally registered after the underlying reason has ceased,
  • expensive and lengthy civil litigation.

The land register enjoys the principle of public trust, meaning its entries are considered accurate unless proven otherwise. For this reason, timely correction of any error—typically through the individual correction procedure—is crucial.

8. Advantages of the Individual Correction Procedure

Compared to other legal remedies, the individual correction procedure offers several advantages:

  • faster than civil litigation,
  • lower total costs,
  • targeted resolution of a specific error,
  • more flexible evidentiary requirements,
  • often conducted without a hearing.

Conclusion

When discrepancies arise between the actual ownership situation and the land registry entry, the individual correction procedure is the fastest and most efficient method of resolving the issue. Timely action and proper legal preparation are key to a successful outcome, especially in complex land registry matters.

An accurate and up-to-date land register is a fundamental safeguard for legal certainty in real estate transactions and protects both owners and future acquirers.

Need Assistance with the Individual Correction Procedure?

If you suspect an error in the land register or wish to initiate the individual correction procedure, our law office provides expert legal assistance throughout the entire process—from document review and application drafting to representation before the land registry court. Contact the Law Office Bašović for a consultation or review of your land registry status. You may also explore more articles in the News section for additional insights on property and land registry law.

Have more questions?

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