Duplication of ownership is a state, when in the cadastre of immovable property to the land or to its part the ownership right is registered for more than one full owner, or, if the registered co-ownership shares to the land form a sum greater than 1, i.e. over 100 %.
This is an erroneous state in the cadastral registration, which arose as a result of various errors in the registration of property owners.
2 basic types of duplication:
1 type of duplication: in the place where an E-KN parcel is plotted, which has an owner registered on the title deed, a C-KN parcel (or part thereof) is plotted at the same time, which has another owner registered on the title deed. These duplications have arisen mainly due to the fact that since the 1990s the State has created a second cadastral map, the so called map of the designated area, which exists at the same time as the cadastral map.
2 type of duplication: co-ownership shares whose sum is greater than 1/1, i.e. greater than 100 %, are registered on the title deed. Example: three different persons are registered on the title deed, each of whom owns a 1/2 share in the land, so the total ownership right registered on the title deed is 150 % (3 x 1/2).
If the cadastre detects a duplication, it should enter a note on the affected title deeds on the questioning of the cadastral data within the meaning of Section 29(3) of Decree No. 461/2009 Coll.
How is duplication of ownership resolved?
The elimination of duplication shall be done by determining who is the legal owner of the land in question. This will bring the legal status and the registered status into line. This can be done in the following three ways:
- By agreement of the persons concerned, which shall be entered in the cadastre by way of a deposit.
- Through the procedure for the correction of an error in the cadastral register, the condition for this solution is that the persons concerned agree to it.
- Through court proceedings to determine the owner of the land – the court’s judgment is subsequently entered into the land register.
How does the cadastre deal with duplication?
Land registry officials usually refuse to authorise deposits (entries) to duplicate registered properties on the grounds that they have no right to determine the owner. Often, however, such a procedure by the Land Registry is contrary to the law. More on this topic can be found in this post.
