Representation in cadastral proceedings

Representation in cadastral proceedings

In cadastral proceedings, rights to real estate are recorded, decisions are made on changes to the borders of cadastral territories, on the investigation of changes in cadastral data, on the correction of errors in the cadastral record, and on the renewal of the cadastral record. Cadastral proceedings can also be carried out electronically.

The proposal for the initiation of cadastral proceedings must contain

a) identification data of the applicant in scope

  1. name, surname, maiden name, date of birth, social security number, or, in the case of a foreigner, another identifier, place of permanent residence, address for delivery in the country, if it is different from the place of permanent residence, information on nationality, if it is a natural person,
  2. name, identification number, seat, address for delivery, if it is different from the seat, if it is a legal entity,

b) the name of the district office to which the proposal is addressed,

c) stating the subject of the proposal,

d) designation of the legal act on the basis of which the right to real estate is to be created, changed or terminated, if it is a proposal for a deposit,

e) designation of real estate according to § 42 par. 2 letters c),

f) indication of the size of the co-ownership share expressed as a fraction of the whole,

g) the number of the official verification of the geometric plan, if the land is divided or merged, or when an easement is established for a part of the land or when recording data according to § 46 par. 2 to 4, 6 to 8,

h) information on the place and date of publication of the contract that is required to be published, if it is a contract that is required to be published,

i) designation of attachments,

j) a request to send a notification of the execution of a record, a notification of the execution of a note or a request to send a notification of the result of the investigation of changes to the cadastre data via e-mail to the specified e-mail address or to an electronic mailbox, if the applicant requests to be notified of the execution of an entry in the cadastre or to announce the result of the data investigation cadastre in electronic form,

k) request for expedited deposit proceedings, if the petitioner requests its acceleration.

A necessary fact for representing participants in a legal act in an electronic deposit procedure is a physical or a legal entity, notary public or attorney is the granting of a power of attorney, which must be attached in electronic form to the electronic proposal for initiating the deposit authorization procedure. The power of attorney must be signed by the acting person (power of attorney), while in electronic form it is required that the power of attorney be signed with a guaranteed electronic signature, and in the case of the transferor, with a guaranteed electronic signature with a time stamp, otherwise it is an absolutely invalid unilateral legal act. If the participants in the legal act intend to carry out the deposit procedure in electronic form, but do not have a guaranteed electronic signature, in the opinion of the court, it is possible to grant a power of attorney to represent the participants in the legal act in the electronic deposit procedure