Photo: PixabayThe cadastre protects the registered owners of real estate, but guarantees security to future owners, potential buyers, enabling them to make an "informed choice" when purchasing real estate, according to a statement from the Republic Geodetic Institute.
When buying real estate, it is very important for all buyers to distinguish situations in which the sale of real estate is prohibited from situations in which there is no such type of prohibition, but the purchase is risky.
Any sale of real estate that is not registered in the cadastre is a risky purchase. Similar levels of risk also exist in situations where registered encumbrances on real estate are ignored during the purchase (notice of dispute, etc.). Today, that risk is usually minimal, that is, there is a high degree of probability of the final acquisition of property and its unhindered enjoyment.
In situations where the buyer assesses the risk of purchase, the most important instrument and control mechanism provided by the state is the real estate cadastre. In the majority of cases that come to the public's attention today, in which tenants are faced with a property problem with real estate, the root of that problem was visible in the cadastre at the time of purchase. Although these are risks that rarely materialize, customers must be aware of them when making a purchase, very often, when problems arise, we have the opportunity to hear the sentence "if only everyone bought like that". However, this fact is absolutely not sufficient for complete security of registration, it is necessary to use data from the real estate cadastre that is transparent and available to citizens.
The role of public notaries in the process of buying and selling real estate, as stated, is reflected in checking the fact whether a certain real estate can be bought at all. In the case of the tenants from Mirijevo, which is currently in the media, the original buyers of the apartments, from the period 2003-2010. year, they did not even have that level of protection because the contracts were certified before the court, which according to the law only guaranteed the identity of the contractor.
However, notaries public do not exclude all risks when buying real estate. For example, the recording of a dispute does not prevent traffic, but the customer agrees to the risk of the way of ending the dispute between other parties; the building permit is sufficient for the sale of the apartment, but no one can guarantee that the building will also receive a use permit, nor can anyone guarantee that the existing building permit will not be canceled before the competent authority.
An additional quality provided by the cadastre is the visibility and detection of possible defects. Anyone can check whether the seller is registered with the title to the apartment and whether there is any encumbrance on the property.
The Republic Geodetic Institute has been working seriously for years to raise public awareness of the importance of cadastre data, using every opportunity in the media. Moreover, thinking in the same direction in the service of the citizens of Serbia, the RGZ is ready to take a step further: providing an official guarantee for future enrollment, which has already been officially proposed to the Government of the Republic of Serbia, the Institute announced.
If this proposal is adopted and put into practice, verification of the possible registration of rights and the extent of rights over real estate will be possible even before the certification of the sales contract. In this case, registration based on the contract would no longer be a matter of high probability, but of absolute certainty, according to ekapija.com.
Of course, the implementation of such a plan implies a different organization and the engagement of a larger number of lawyers. The buyer could not be prevented from investing in real estate for which the cadastre does not provide guarantees, but then it would be even clearer that he does so solely at his own risk and without state guarantees.
Source: ekapija.com
