Land registers (Land registry) « Practice area of the law office

In Bosnia and Herzegovina (B&H) real estate transactions is closely linked to the land registers – public registers in which rights in property are recorded. This text explains in accessible language what the land registers are, the purpose and importance of registering ownership in B&H, and briefly what the procedure of registration (entry) and deletion of rights looks like. We also present the services provided by the Law Office Prnjavorac, which specialises in this area.

What are the land registers?

The land register is an official register of real rights in property (e.g. ownership rights, mortgages, etc.) provided for by law. In the legal system of Bosnia and Herzegovina, keeping the land registers is entrusted to the municipal courts (e.g. for Sarajevo, the Municipal Court in Sarajevo) – at each municipal court there is a land registry office (gruntovnica) responsible for property in the area of that municipality/city. The land registers are public and accessible; anyone may request insight or a land registry excerpt (title deed) for a particular property.

It is important to distinguish the land registry (the land register) from the the cadastre. Title deed is issued by the land registry and constitutes proof of legal ownership, while the possession deed is issued by the cadastre and serves to record possession. The possession deed does not prove ownership or any other right, and on its basis the court will not permit the registration of a change of ownership in the land register. That is why, when buying a property, it is essential to check the land register – only the data from the land register guarantee who the legal owner is and whether there are encumbrances (e.g. a mortgage) on the property.

The purpose and importance of entry in the land registers

Entry of rights in the land register is not a mere formality – it is a condition for your ownership to be legally recognised and protected. Under Article 5 of the Law on Land Registers of FBiH, the right of ownership of a property is acquired exclusively by entry in the land register. Without registration, the buyer has only factual ownership without full legal protection. The land registers are public registers open to everyone, so buyers, investors or banks can check the status of any property before a transaction. Special conditions also apply to foreign nationals acquiring property in B&H under reciprocity.

The advantages of proper registration are numerous:

• Legal certainty: By entry in the land registry the owner obtains full legal protection of his right. The law expressly provides that ownership is acquired by entry, so registration prevents double sale, fraud or disputes over whose property it is.
• Ability to dispose of the property: Without registration in the land register it is not possible to validly sell a property or pledge it under a mortgage. Banks, for example, will not approve a mortgage loan if ownership is not registered and properly recorded.
• Easier inheritance: Registered property passes directly into the estate and is more easily transferred to heirs. If a property is not registered, heirs will have to additionally prove the ownership right through court proceedings, which slows down and increases the cost of inheritance.
• Principle of trust: The rules in B&H recognise the principle of trust in the land register – if a buyer in good faith purchases a property from a person who is registered in the land register as the owner, the law protects that buyer, even if the seller was not in fact the true owner. In other words, registration protects the owner: what is recorded in the register is considered the “true” state, while unregistered rights will not be recognised in legal transactions.

Basics of the procedure for entry and deletion of rights in the land registers

Entry (registration of ownership)

The entry is initiated by submitting a proposal to the competent land registry office of the municipal court in whose area the property is located. Before that, the property transfer tax must be paid, after which the necessary documentation is attached to the proposal. As a rule, for the entry it is necessary to submit:

• a properly completed application for entry (proposal) on the prescribed form,
• a document proving the basis for acquiring the right (e.g. a notarised purchase-sale contract or a final court decision),
• the tax administration's decision on the assessment of the real estate transfer tax (proof that the tax has been paid),
• proof of payment of the court fee for the entry,
• the consent of the previous owner for the right to be transferred (usually contained in the contract itself, through a notarised statement by the seller).

The court then considers the proposal and the evidence, and by decision permits the entry if the legal requirements are met. Only upon a final decision on the entry does the new owner become the registered (land registry) owner of the property – his right thereby becomes visible to all and is protected under the principle of trust.

Deletion of rights

Deletion of a right from the land register is the reverse procedure – removing an already registered right when it ceases or is transferred to another person. The most common example is deleting a mortgage after a loan is repaid: the bank issues a deletion permit (brisovnica) authorising the deletion of its mortgage. On the basis of that document (and possibly additional evidence, such as a final court decision), the owner submits a proposal to the court to delete the entry. To delete a mortgage, for example, it is necessary to submit an application, the bank's deletion permit (if the mortgage was registered on the basis of a contract) and proof of payment of the court fee. Once the court approves the deletion by decision, that right is permanently removed from the land register. Similarly, when ownership of a property changes, registering the new owner automatically deletes the previous owner from the land registry records.

Land registry services of the law office

The Law Office Prnjavorac provides expert legal assistance and representation in all proceedings related to the land registers. Our services include:

• Advising and verifying documentation: Legal verification of ownership documents before buying or selling a property, checking the land registry status (ownership and encumbrances) and advising clients on how to protect their rights.
• Registration of property in the land registers: Preparation and submission of proposals for the entry of land, houses, apartments, business premises and other buildings, including the entry of court decisions and judgments on rights in property.
• Changes and transfer of rights: Entry of changes of ownership on the basis of purchase-sale contracts or other legal grounds (gift, inheritance), registration and deletion of mortgages, pre-notations and notations of rights, as well as other changes in the land register.
• Obtaining land registry documentation: Preparation and obtaining of land registry excerpts (title deeds), copies from the collection of documents and other records from the land registry, which serve clients as proof of ownership or for other legal purposes.
• Representation before the courts (land registry): Full representation of clients before the competent municipal courts in B&H in all land registry proceedings – from submitting applications for entry or deletion of rights to filing appeals and correcting errors in the land register.

Our experienced land registry lawyer ensures that every entry or deletion of a right is carried out correctly and in a timely manner, while protecting the best interests of clients in accordance with the legal regulations of B&H.