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Division 3 Making, Amendment and Deletion of Entry


§ 64. Making of entry (17.02.99 entered into force 01.04.99 - RT I 1999, 27, 380)

(1)
A land register entry shall be made, amended or deleted on the basis of a registration application. A registration application is a real right contract or an unilateral application which expresses the desire for an entry to be made in the land registry.
(17.02.99 entered into force 01.04.99 - RT I 1999, 27, 380)
(2)
(Repealed -17.02.99 entered into force 01.04.99 - RT I 1999, 27, 380)
(3)
(Repealed -17.02.99 entered into force 01.04.99 - RT I 1999, 27, 380)
(4)
Consent of the persons whose right entered in the land register would be damaged by amendment or deletion of an entry are required for amendment or deletion of the entry.
(17.02.99 entered into force 01.04.99 - RT I 1999, 27, 380)
(5)
On the basis of a court judgment or court ruling which has entered into force, a land register entry shall be made on the basis of an unilateral unattested written registration application and a copy of a court decision which has entered into force.
(17.02.99 entered into force 01.04.99 - RT I 1999, 27, 380)
(6)
In the cases provided by law, an entry is made without a registration application (ex officio).
(17.02.99 entered into force 01.04.99 - RT I 1999, 27, 380)


§ 65. Amendment or deletion of incorrect entry

(1)
A person whose right is violated by an incorrect entry, e.g. the right of the person is not entered in the land register, is incorrectly entered or the person's right is prejudiced by the entry of a nonexistent encumbrance or restriction, may demand amendment or deletion. The consent of the person whose rights are affected by the correction is required for the making of the correction. If the person fails to grant consent within one month, the person who wishes to amend the entry has the right to file an action.
(2)
Until amendment or deletion of an entry, the person demanding the making of an amendment in the land register may request from the court the entry of an objection in the land register for restriction of a person's right of disposal entered in the land register. A person demanding entry of the objection is not required to prove violation of the person's rights or danger of their violation for entry of such notation in the land register.
(3)
The demand specified in subsections (1) and (2) of this section shall not be submitted with respect to real rights entered in the land register acquired by a third person in good faith.
(17.02.99 entered into force 01.04.99 - RT I 1999, 27, 380)


§ 66. Deletion of entry upon extinguishment of real right

(1)
If an entry loses all legal effect due to extinguishment of a real right, the owner of the encumbered immovable has the right to demand deletion of the entry.
(2)
A real right in an immovable entered in the land register does not extinguish solely for the reason that the owner of the immovable acquires this right or the owner of this right acquires the immovable.


§ 67. Correction of entry

(1)
An entry shall be corrected pursuant to procedure provided for in the Land Register Act.
(2)
Instead of correction of an entry, an entitled person may demand deletion of an incorrect entry and the making of a new one.
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