You Might Be Thinking…

“Surely, once the contract is signed, the Land Register will just record it, right?”
If only it were that simple. In reality, even a tiny inaccuracy in the property description or poorly handled payment terms can lead to years of litigation.

Clients Often Ask Me…

• How precisely must the property be identified in the purchase agreement?

• Why does the Land Register sometimes reject filings?

• How does an attorney escrow work and why is it safer than paying directly?

• Can a seller really sell a property twice?

• What must the contract contain to ensure validity and smooth registration?

How to Avoid Disputes – In a Nutshell

• Precise property identification – cadastral area, parcel numbers, unit numbers, land and building type.

• Land Register check – verify whether the property is subject to enforcement, liens, or easements.

• Correct form of the contract – written form is mandatory; signatures must be notarized.

• Escrow of purchase price – attorney, notarial, or bank escrow protects both parties from fraud.

• Timely filing with the Land Register – the application for registration should be filed as soon as possible to avoid duplicate entries.

Risks and Common Mistakes

• Inaccurate property description – the contract stated only “house no. 25,” but omitted the parcel number. The filing was rejected.

• Missing notarized signatures – without them, the Land Register will not record the transfer.

• Payment without escrow – the buyer paid upfront, the seller withdrew, and the money was difficult to recover.

• Undisclosed easement – the buyer purchased a house subject to a lifelong use right by a third party, of which he was unaware.

Step-by-Step Process

1. Verify the property in the Land Register – ownership deed, acquisition titles, encumbrances.

2. Have the contract drafted or reviewed by a lawyer.

3. Insist on precise property identification.

4. Use escrow for the purchase price – attorney, notary, or bank.

5. File with the Land Register without delay – to prevent duplicate filings.

Lawyer’s Recommendation

• Always require complete and accurate identification of the property – without cadastral area and parcel numbers, the Land Register will reject the filing.

• Pay the purchase price only into escrow – never transfer it directly to the seller before registration.

• Check whether the property is subject to enforcement or a lien.

• If unsure, entrust the entire process to a lawyer – it costs less than a subsequent dispute.

Safe Transfer Checklist

✔ precise property description
✔ notarized signatures
✔ attorney escrow of purchase price
✔ Land Register and easement check
✔ timely filing of registration application

FAQ

How precisely must the property be identified?
The cadastral area, parcel numbers, and unit numbers must be stated. General descriptions are insufficient.

Why is attorney escrow necessary?
It protects the buyer from paying before ownership is registered, and protects the seller from losing the property without being paid.

Can the seller sell the property twice?
Theoretically yes, but filings with the Land Register are assessed in order. That’s why it is crucial to file the application as soon as possible.