Every month, the number of unresolved cases in the cadastre is increasing, and if this trend continues, in September 2023, it will reach one million. This is the data Serbian Bar Association, which for a long time requires amendments to the Law on Registration in the Real Estate Cadastre. AKS Vice President Jasmina Milutinović claims that, according to the data herself Republic Geodetic Authority (RGZ), from July 2018 to September 2020, a total of 415,024 first-instance cases were unresolved, and it is estimated that there are between 10,000 and 20,000 unresolved second-instance cases.
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Old cases are not included here, before 2013, that is, the introduction of a new system of electronic records, so the real numbers are even higher. Therefore kA working group for changes to the law was formed in April, but it has not met until today.
– I have cases in the appellate procedure from 2012 that are still unresolved – says Jasmina Milutinović, a member of the Working Group on behalf of the bar. – All this has a bad effect on legal security. When you have multiple changes to one property, everyone in the chain has to wait for the first procedure to end, and imagine if it takes three, four or eight years! And if you do not have a final solution that you are the owner of the real estate, you, of course, cannot do anything with it: not even mortgage it for a loan, sell it, give it away …
In the Analysis of problems in the work of the RGA, in addition to inefficiency, lawyers state that on average, almost 15,962 unresolved cases remain on the monthly cadastre level. They praise digitalization as a necessary tool for registration, but also insufficient.
Milutinovic points out that yes the cadastre does not act within the deadlines, so even three or four hearings are postponed before the court due to non-submission of data on the change of ownership. The collection of old public documents has not been scanned, so changes in ownership cannot be tracked electronically.
And in the analysis of the effects of the application of the Law on Registration in the Real Estate Cadastre, which was made by independent experts in anticipation of future changes in regulations, it is stated that it is a complete success. The RGA cites the simplification of procedures and the improvement of Serbia’s global competitiveness as its main results. These findings, as they say, “will remove prejudices created as a result of a negative campaign and obstruction of certain interest groups.”
Notaries, along with executors, the court and other state bodies are among the obligors of delivery, and the legal deadline for the cadastre service to act upon their request is five days. According to Srbislav Cvejic, president of the Chamber of Notaries, this communication works well, but it would be better if every change registered in the cadastre was immediately visible in the list of real estate, and not just for a day or three.
– We will also strive to book what is suitable for enrollment. This would relieve the RGZ officials who are doing it now and they could dedicate themselves to old items. In four or five years they would clear them up.
They see room for further improvements in the RGA through better exchange of data and documents with holders of public authorizations, determining the manner of submitting notarial and other public documents for registration, harmonizing the provisions of other laws, as well as completing previously initiated procedures.
Source: Gradjevinarstvo.rs – VESTI by www.gradjevinarstvo.rs.
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