Land Register Annotations

Real Estate and Property

Prepared by: Constantinople

Depending on the right or decision underlying it, an annotation may matter against persons subsequently acquiring the property. However, not every annotation creates a prohibition on sale or a right of ownership.

Which Rights Can Be Annotated?

Certain personal rights provided by law may be annotated in the land register. For rights arising from a promise of sale, a lease or a construction agreement in exchange for land shares, the requirements and effect of annotation are examined separately. Annotations restricting the power of disposal form a different group. Valid conclusion of the agreement and the possibility of annotation are connected but are not the same transaction.

Effect on a Subsequent Owner

The scope, date and statutory effect of the annotation are assessed in relation to subsequent acquisitions. The underlying agreement or court decision must be examined rather than relying on the entry's short label. Any limited duration or ground for cancellation is investigated. It should not be assumed that an unannotated right is never protected or that an annotated right removes every obstacle.

An Injunction and an Annotation Must Be Distinguished

Where preventing a further transfer is intended, the purpose of the claim and the appropriate type of provisional protection are identified. Bringing an action does not automatically impose a restriction in the register. The scope of the court decision and its implementation at the land registry are followed. Where necessary, removal or correction of an annotation is assessed separately.

Documents to Prepare for an Initial Review

Send each document in its entirety as held by you, rather than only its first page or a screenshot. We determine, according to the file, what authority is needed to obtain missing official records. The following records are helpful at the outset:

• Full annotation entry
• Underlying agreement or decision
• Dates of annotation and transfer
• Cancellation or duration information
• Current owner and right holders

Why Do the Particular Circumstances Matter?

For example, finding an annotation of a promise of sale when buying property requires examination of how the previous right holder's claim may affect the new buyer. Treating the annotation merely as an old note, or regarding every annotation as an absolute barrier to sale, is not a proper review.