Summary

The Law of Property Act clearly provides that real rights and notations are entered in the land register (§ 62). Other legal relationships are not to be entered in the land register. It is just as clearly provided for in the Law of Property Act that real rights receive a ranking at the time of their entry in the land register (Section 1 of § 59). There are no provisions that state that notations also receive a ranking at the time of registration. The Law of Property Act provides that the ranking of a right, concerning which a notation is made, is specified according to the notation (Section 6 of § 63). In legal commentary, however, the ranking of a notation has been derived from the specification of a ranking according to the notation. This places under doubt the conclusion regarding the lack of ranking for notations.

The article, by using a resolution of a constructed case, analyses the substance of the various notations (preliminary notation, objection, notation concerning prohibition, notation) entered in the land register, thereby seeking an answer to the question of whether these notations can have a ranking. The author looks specifically at the entering in the land register of an agreement by owners of apartment ownership, a notation for a lease contract, and a preliminary notation securing an acquisition claim. There is also discussion of the right of representation of a notary in the registration procedure, and the problems of opening of new register parts in a situation where the property is divided into a number of properties.