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§ 51. Definition of land register
- (1)
- A land register shall be maintained concerning immovables and related real rights.
- (2)
- An immovable belonging to a person in public law shall be entered in the land register if it is encumbered with a real right or if so desired by the owner, or if the immovable is transferred into the possession of another person.
- (3)
- The land register shall be maintained pursuant to this Act and the Land Register Act.
§ 52. Registered immovable
Each of the following, if entered in the land register as an independent unit, is registered immovable:
- 1)
- an immovable (plot of land);
- 2)
- right of superficies;
- 3)
- apartment ownership;
- 4)
- right of superficies in apartments.
(17.02.99 entered into force 01.04.99 - RT I 1999, 27, 380)
§ 53. Information entered in land register
- (1)
- Only information prescribed by law is entered in the land register.
- (2)
- (Repealed -17.02.99 entered into force 01.04.99 - RT I 1999, 27, 380)
§ 54. Merger and division of registered immovables
- (1)
- Registered immovables may be merged into one registered immovables, or one registered immovable may be divided into several registered immovables only at the request of the owner.
- (2)
- Upon merger of registered immovables or division of one registered immovable , rights entered in the land register remain valid unless otherwise provided by law.
- (3)
- If registered immovables cannot be merged or divided in such a manner that rights entered in the land register are not changed, restriction of these rights requires the consent of the entitled person.
§ 55. Access to land register
- (1)
- The land register is public. Everyone has the right to examine land register information and to receive extracts therefrom pursuant to the procedure provided by law.
(17.02.99 entered into force 01.04.99 - RT I 1999, 27, 380)
- (2)
- No one may be excused by ignorance of information in the land register.
§ 56. Presumption of correctness of land register
- (1)
- Information entered in the land register is presumed correct.
- (2)
- If a right entered in the land register is deleted, it shall be deemed extinguished.
- (3)
- If a person acquires an immovable or a restricted real right in good faith relying on information in the land register, the rights of the person acquired in good faith remain valid. An acquirer is in bad faith if the acquirer knew or should have known that the land register entry was incorrect.
(17.02.99 entered into force 01.04.99 - RT I 1999, 27, 380)
- (4)
- If a right of an entitled person entered in the land register is restricted for the benefit of a third person, the restriction is valid with respect to the acquirer if it is entered in the land register.
§ 57. Incorrect entry
- (1)
- A land register entry is incorrect if it is made without legal basis, its basis has subsequently lapsed, the entry is incorrectly amended or deleted.
(17.02.99 entered into force 01.04.99 - RT I 1999, 27, 380)
- (2)
- If a land register entry is incorrect, a person who knew or should have known this cannot rely on the entry.
§ 58. Validity of real right
- (1)
- If entry in the land register is required for the creation of a real right, the right is valid as a real right if it is entered in the land register.
- (2)
- Within the limits of the entry, the content of a real right may be proved more precisely by documents or other proof.
- (3)
- A claim arising from a real right entered in the land register does not expire unless otherwise provided by law.
§ 59. Ranking of real rights
- (1)
- Real rights shall receive a ranking by entry in the land register.
- (2)
- Entries in the land register shall be made in the order of arrival of applications.
§ 59. Relationship between the ranking of rights
- (1)
- If several entries are made in the same register division, each entry receives a ranking which corresponds to the ranking of the registration in the land registry journal. If applications are submitted concurrently, they are granted the same ranking and it shall be indicated in corresponding entries.
- (2)
- If entries are made in different divisions on the same day on the basis of registration applications submitted on different dates, the entries shall indicate that an entry applied for later has a lower ranking than an entry applied for earlier.
- (3)
- Subsections (1) and (2) of this section do not apply if the persons concerned have specified otherwise.
- (4)
- A notation made on the basis of a ruling on the securing of an action and a judicial mortgage are entered in the land register pursuant to the general procedure.
(17.02.99 entered into force 01.04.99 - RT I 1999, 27, 380)
§ 60. Change of ranking
- (1)
- The ranking of a real right entered in the land register may be changed unless otherwise provided by law.
- (2)
- In order to change a ranking, an agreement between the persons the ranking of whose rights is changed is required. In order to lower the ranking of a right of real security, the consent of the owner of the immovable is also required.
(17.02.99 entered into force 01.04.99 - RT I 1999, 27, 380)
- (3)
- If the right lowered upon a change extinguishes, the elevated right does not, as a result, lose the position received by the change of ranking.
- (4)
- A change of ranking shall not damage a right which is ranked between the lowered and elevated rights.
(17.02.99 entered into force 01.04.99 - RT I 1999, 27, 380)
§ 61. Privileged ranking
- (1)
- In encumbering an immovable with a right, an owner may reserve a privilege to enter another right the extent of which is determined ahead of the encumbering right.
- (2)
- A privilege shall be entered as a notation in the land register next to the right which must be lowered in the exercise of the privilege.
- (3)
- Upon transfer of an immovable or upon succession, the privilege specified in subsection (1) of this section transfers to the actual acquirer.
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