Duplicate ownership occurs when different individuals or entities are simultaneously registered as owners of the same real property in the Land Register, without holding the property in co-ownership. The identification of duplicate ownership invalidates the public faith and reliability of all registered entries and completely blocks any legal transactions involving the property, including transfers between the duplicate owners via purchase or donation agreements.
This situation must be distinguished from cases where ownership is registered on a Title Deed, but a document presented for recording to the District Office (e.g., an inheritance certificate/decision) does not derive from the existing Land Registry records. Pursuant to Section 36a(1) of the Act on the Land Register (Act No. 162/1995 Coll., as amended), the District Office shall refrain from recording the title and invite the affected parties to enter into a settlement agreement or seek judicial resolution by filing a claim for determination of ownership.
Duplicate ownership in the Land Register may be resolved through an innominate agreement under Section 51 of the Civil Code, a settlement agreement under Section 585 of the Civil Code, a correction of error in the cadastral documentation, a judicial decree establishing property ownership, or a court-approved settlement.
If you wish to discuss your legal needs, please do not hesitate to reach out to us via email at info@akvlkova.sk or at +421 949 203 288.
