The land and mortgage register: how to read and check it

What is the land and mortgage register?

The land and mortgage register is an official register kept in order to establish a property's legal status. It contains information on who holds the ownership right, how the property is identified, and what rights and encumbrances apply to it. It is kept by the relevant courts, and the rules governing how it works are set out in the Act on Land and Mortgage Registers and Mortgages.

For the buyer, the land and mortgage register is the basic source of knowledge about a property. It lets you confirm that the person selling is actually the owner, and check whether the property carries debts, easements or claims by other people.

What sections make up the land and mortgage register?

The land and mortgage register has a uniform, four-section structure. Knowing this layout lets you quickly find the information you need.

• Section I: identification of the property, that is its location, floor area and description, as well as the rights associated with its ownership.
• Section II: information on ownership and perpetual usufruct, that is who the property's owner is.
• Section III: rights, claims and restrictions, for example easements or third-party claims.
• Section IV: mortgages encumbering the property.

Each section serves a distinct function. When checking a property, it pays to analyse all four, because legal risks can hide in different places.

What will you find in Section II - who is the owner?

Section II indicates the person or persons who hold the ownership right or perpetual usufruct. This is where you confirm that the seller has the right to dispose of the property. If there are several owners, the transaction may require the consent of all co-owners.

A discrepancy between the data in Section II and the person presenting themselves as the seller should be a warning sign. In such a situation it pays to clarify the legal basis, for example a power of attorney, before you go further.

What do the entries in Sections III and IV mean?

Sections III and IV report the property's encumbrances, which is why they are key from the point of view of transaction safety.

Section III - rights and claims

Here you will find limited property rights and claims, for example easements, a life-estate right, or notices of ongoing proceedings. Such entries can affect how the property is used and its value, so it pays to check their content carefully.

Section IV - mortgages

This section shows mortgages, that is security for debts, most often loans. If the property is encumbered with a mortgage, before buying you must establish how it will be repaid and struck out, so that it does not pass to the new owner along with the debt.

How do you check the land and mortgage register online?

To view the register's content, you need its number. You can obtain the number from the owner or from the property's documents. The content of land and mortgage registers is made available by a central system run by the judiciary, in which, after entering the number, you will see the current content of the individual sections.

It is worth keeping in mind the difference between the current content and the full content. The current content shows the entries in force, whereas the full content also includes struck-out entries, which can be useful when analysing a property's history. It always pays to verify the register number to be sure it relates to the right property.

What legal principles are tied to the land and mortgage register?

Several important legal principles are tied to land and mortgage registers. There is a presumption that the right disclosed in the register is consistent with the actual legal status, and the principle that a right that has been struck out does not exist. This gives the register's content strong evidentiary force.

Also important is the warranty of public credibility of land and mortgage registers, which as a rule protects a person acquiring a property in good faith and in reliance on the register's content. This is one of the reasons why checking the register before buying is so important. These principles are governed by the Act on Land and Mortgage Registers and Mortgages, and if in doubt it pays to consult a notary or lawyer.

Summary: how to read the land and mortgage register safely

The land and mortgage register is the most important tool for verifying a property's legal status before buying. Its four-section structure lets you organise the analysis: Section I describes the property, Section II indicates the owner, and Sections III and IV disclose rights, claims and mortgages.

Before the transaction, check all the sections, compare the owner's data with the party to the contract, and establish how any encumbrances will be repaid. Use the current register number and keep in mind the principles arising from the Act on Land and Mortgage Registers and Mortgages. If in doubt, consult a notary or lawyer to avoid costly mistakes.