Going With The Times - Further Computerisation Of The Land Register And Its Proceedings

At the beginning of 2011, I received a decision from the land registry, which had been processing my submission since 2006. In its Annual Report 2010 the Slovenian Supreme Court stated that the average time for such decisions is 2.2 months. Should we trust the Ministry of Justice that the time for decisions will be only 15 days starting December 2011?

The newest thing - Electronic land registry

Reasons to be positive can be found in amendments to the legislation applicable since 1 May 2011 - the complete computerisation of the land registry.

Already since 2004 check of land registry data is available on the web (see https://evlozisce.sodisce.si/esodstvo/index.html). Online excerpts are free of charge.

As of May this year, the land registry is fully computerised. The basic principles and the documentation required remain unchanged. But the number of eligible submitters is limited, while the e-service calls for electronic legal documents, type documents, e-signatures, e-delivery, and centralised storage.

Everything has its pluses and minuses

Certain court fees have decreased, while notary costs have increased due to their key role in the procedures. Introduction of general territorial jurisdiction does not mean that the applicant may choose the court to rule on her application. This is done automatically by the land registry information system, which assigns the application to a court that is the least burdened. So the founder of a land charge over a property in Koper and who resides in Koper might have to personally collect the land letter issued by a court in Murska Sobota, almost 300 kilometres away.

Currently, the only court competent to rule on appeals is the High court in Koper. Such exclusive jurisdiction should result in uniformity, but will also likely prolong appeal decisions.

Previously applications could be filed by any person based only on a power of attorney. Now, besides notaries and attorneys at law, only the State (municipal) Attorney's Office for the public authorities and real estate agencies involved in the transaction are eligible submitters. To avoid possible constitutional issues on the limitation of...