The Legal Nature of Agricultural Land Division Agreements with Reference to the Principle of Registration and Reliance in the Cadastre

Rajnović, Ljiljana (2023) The Legal Nature of Agricultural Land Division Agreements with Reference to the Principle of Registration and Reliance in the Cadastre. In: III international scientific conference "Sustainable agriculture and rural development". Institute of Agricultural Economics, Belgrade, pp. 365-375. ISBN 978-86-6269-123-1

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Abstract

In this paper, the author analyzes the legal nature of the contract on the physical division of agricultural land, which is the basis for acquiring ownership rights to real estate created by division. The contract is concluded in the form of a notarial document, which proves the resulting legal relationship and represents the assumption of the accuracy of the data specified in the contract. The burden of proving the falsity of the data is borne by the one who disputes its veracity. The notary public has the obligation to check whether the transaction is permitted and to warn the parties of the legal consequences of the transaction.The purpose of real estate records is to provide reliable evidence of ownership or other rights to real estate. In the practice of Serbia, it has been shown that there are errors in the cadastre records, which is contrary to the general principles of cadastre management, but leads to errors in the contract. In the case of a dispute for the annulment of the document, the contractors would have to prove separately that the facts were untruthfully stated in the document or that it was drawn up improperly, due to an error in the cadastre. To achieve the purpose of the principle of reliability of registration in the cadastre, the creators of the regulations, as well as those who apply them, are responsible.

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