Reflections on Facilitation of Designation of Real Estate in Entry Deeds in the Context of a European Certificate of Succession
Abstract
In an administrative proceeding on entry of rights in rem into Real Estate Cadastre, cadastral offices must inter alia examine whether documents on the basis of which a right in rem is to be entered into the cadastre ("entry deeds") contain designation of real estate in accordance with the Czech Cadastral Act. A European Certificate of Succession, that should facilitate and accelerate recording of a succession property in a relevant register of a Member State, is also an entry deed.
In this context and in the light of relevant case-law, the article raises the question whether it is truly necessary to identify real estate in entry deeds by all the indications required by the Czech Cadastral Act or if other descriptions should suffice, provided that they are sufficient to identify the real estate.