In addition to the introduction of the e-Registration of Real Estate (’E-ING’), the rules on the jurisdiction of Land Offices also changes, as instead of the previous system of Land Registries based on territorial jurisdiction according to the location of the real estate, Land Offices have national jurisdiction, that means that any Hungarian Land Office is entitled to decide on every application for land registration submitted via electronic filing. The applications shall be filed directly with the electronic system by law firms, and the Land Office to which the case is automatically assigned by the electronic system will handle the applications. Once filed, the application data are checked immediately by the electronic system and the application is only accepted by the Land Office if the necessary data have been correctly filled in by the legal representative.
The new regulation also shortens the duration of the land registry procedure in many cases, allowing for the possibility of a summary procedure or automatic decision making, which can be completed in a much shorter time. The previous general deadline of thirty days is shortened, and in case of automatic decision making, the whole procedure can be completed on the working day following the filing of the request. From now on the E-Land Registry is also be linked to other publicly certified registers, so that in many cases the necessary data can be obtained automatically, reducing the administrative burden on individuals.
The linking of publicly certified registers also has the obvious advantage that the data in the land registry can be updated automatically, without the need for a separate registration procedure. Company data in the Land Registry (e.g. change of company name, change of registered office, etc.) and the changing of the address of individuals are transferred from the Address Registry and the Company Registry without any further procedure and without a specific decision adopted by public authorities. Furthermore, the Courts automatically send a notice of the commencement of certain litigious proceedings concerning the real estate and the Land Office then register the data on the litigious proceedings in the Land Registry without any further application.
The scope of the data that can be obtained from the Land registry also changes, so only the name, year of birth and address of natural persons are visible on the title deed, and the birth name and mother’s name of the natural person are not publicly available. The method of accessing the data also changes, since, while the content of the title deeds and maps continues to be accessible to anyone, the natural person making the request has to indicate the purpose of the request and undergo a prior identification procedure.
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This summary is intended to raise awareness and does not constitute legal advice.
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