Area: .nan
Competent authority: MP
EZU URL: .nan
Initiative ID: 1161
Initiative accepted and completed: '2021-09-20'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2021-08-27'
Initiative published: '2021-08-27'
Initiative submitted: '2021-08-27'
Response from the competent authority: 'Answer from the Ministry of JusticeArticle
  11 of the Law on the Establishment of Elevated Ownership of Certain Buildings and
  on the Determination of the Land to Which They Belong (ZVEtL-1) stipulates that
  the court conducting proceedings under this Law shall, immediately upon receipt
  of a petition to initiate the proceedings, ex officio notify the land registry court
  of the initiation of the proceedings, and the land registry court shall, ex officio
  decide on the entry of the endorsement in the land register. The provisions of the
  Land Register Act (ZZK-1) governing the registration of a dispute shall apply mutatis
  mutandis to the registration of a proceeding.The main effect of the registration
  of a dispute is that, in accordance with Article 80 of the Land Register Act (ZZK-1),
  it does not preclude further entries. The registration of an easement is therefore
  possible even if the commencement of proceedings under the ZVEtL-1 has already been
  marked. However, the effect of the registration of the dispute is that the judgment
  given in the proceedings in respect of which the registration of the dispute was
  authorised is also effective against the persons in whose favour the right was registered
  or pre-registered, with effect from the time from which the registration of the
  dispute takes effect. All entries which have taken effect after the moment from
  which the endorsement of a conflict of title has effect and which have been permitted
  against the registered owner or against subsequent acquirers of rights acquired
  in respect of the registered title shall be deemed to have taken effect against
  the registered owner, shall have effect subject to a condition of divorce which
  shall arise if the registration of the acquisition of title in the order of the
  endorsement of the dispute is allowed and shall cease if the endorsement of the
  dispute is deleted, unless it was deleted as a result of the registration of a right
  in the order of the endorsement of the dispute.For the purposes of a meaningful
  application of the provisions on the registration of a dispute, this means that
  a decision rendered in the proceedings for the establishment of the ownership of
  a storey or in the proceedings for the establishment of the land to which it belongs
  shall also have effect against the persons in whose favour the right (in this case,
  the easement right) was registered or pre-registered, with effect from the moment
  from which the registration of that proceeding takes effect. If the registration
  of the acquisition of the title is allowed therein, the divorce condition will therefore
  be triggered and the entries which took effect after the moment from which the registration
  of the title takes effect will cease to have effect. The ratio of such rules is
  that the easement has been agreed with (or forcibly created against, as in the case
  of many easements for the construction of public utilities) the owner, who subsequently
  no longer has title by virtue of the decision under the ZVEtL-1, and the easement
  holder has registered or pre-registered the acquisition of its right after the moment
  at which the commencement of the proceedings under the ZVEtL-1, resulting in the
  change of title, was registered. The occurrence of this condition precedent therefore
  exempts subsequent entries.  At the same time, the land registry court shall, of
  its own motion, authorise the cancellation of all entries which took effect after
  the moment from which the registration of the dispute (commencement of the proceedings)
  took effect, i.e. in the specific case of an easement. Article 31 of the Law on
  the preservation of registered rights, which regulates the preservation of registered
  rights, also provides for the preservation of only those rights which were registered
  in the Land Register at the time of the registration of the proceedings, i.e. before
  the registration of the proceedings, and not afterwards.This means that if the divorce
  condition (registration of the right that gave rise to the proceedings under the
  ZVEtL-1) occurs, the entries relating to the easements made after the entry into
  force of the registration of the proceedings under the ZVEtL-1 will be deleted and
  the easement will have to be re-established or the easement will have to be re-acquired.As
  regards situations in which the intended interventions which require the acquisition
  of rights in rem on foreign land affect only part of that land and the acquisition
  of those rights always covers the entire land, which in your view is unreasonable,
  we would like to clarify the following: The Civil Code defines immovable property
  as a spatially measured portion of the land surface, while the Law on the Cadastre
  of Immovable Property, in its definition of a parcel of land, provides that it is
  a spatially measured piece of land located in a single cadastral municipality and
  registered in the Cadastre of Immovable Property with a boundary and identified
  by a parcel number. A (land) parcel is therefore the smallest unit of property in
  space. It is, of course, also possible to create smaller areas within a single parcel,
  e.g. an easement area or a building right area. These areas will also be shown graphically
  in the future land register and are, or will be, a land registry or real property
  entity that is smaller than the parcel, thanks to the link between the land register
  and the land cadastre. Nevertheless, these smaller areas constitute areas of so-called
  derivative rights, i.e. rights deriving from the right of ownership and limiting
  its exercise to that extent. A property right can only ever relate to the entire
  parcel. Any creation of derivative rights, even in a small part of the parcel or
  in a part of the parcel that does not overlap with other areas of the same parcel,
  cannot therefore be considered in isolation from the rest of the parcel. Since the
  property right is unitary, the creation of derivative rights is always linked to
  the entire immovable property and these rights are therefore entered in the land
  register at the basic legal status of the immovable property, i.e. at the property
  right, since, as stated above, they limit it to that extent (Article 13a of the
  Land Code).'
Text file: 1161.txt
Title: ZVEtL on municipal plots
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=1161
