Clean Papers??

[raj]

Just what do clean papers mean? What about if they are 'clean' and someone who has an interest in the property (a prior share traded without registering) appears all of a sudden after settlement. Is there a point at which no further claims can be made on a property?

I have heard stories of new owners taken to court over previous owners verbal agreements with a third party that were not registered on the title. Can you ever know that there is not some relative to one of the previous owners who inherited a share but has been living in Argentina and upon return finds out that her mothers sister sold the land to a Brit. Can this person still claim a share.

Does anyone have some of these answers??

[elaine]

Really good question - I've been wondering along those lines myself.

Maybe someone can answer!

[Ines]

“Clean papers” means that there are not any problems with the title of the property. A far higher proportion of properties will fail a search in Croatia than in the UK or Ireland. It is therefore important to get the title checked before parting with any money. While some things, like the floor area not tallying with the Land Registry entry, can often be resolved quickly, other things, like the listed owner being three behind the current one, can be very difficult to resolve and probably not worth trying.

Either solicitors, real estate agents or both parts working together can solve these issues. However, bear in mind that "cleaning a title" takes time in Croatia.

With regards the case Raj mentioned, we should have more information about it, it might happen that the part that sold could have actually a power to sell the property without consulting other parts.

Regards.

Ines
www.croatiaproperties.biz

[alsdoubles]

Clean papers are: something any silly bugger could knock up on a pc scanner. And probably does.
I have some....Fingers crossed I reckon, even though a 'so called' solictor was slightly involved in the deal to buy. And paid, more than slightly.
Like I said, fingers crossed.

[raj]

- With regards the case Raj mentioned, we should have more information about it, it might happen that the part that sold could have actually a power to sell the property without consulting other parts.



Ines - I mean that the whole property is sold NOT A PART, without consulting other parts as the other parts are not registered on the title. So what you are saying is that the buyer thinks he has bought the whole property, when in actual fact he has only purchased a part, that the previous owner was legally entitled to sell.

OR

Do you mean that the part owner had the power to sell the entire property without consulting the other parts, as they were not registered on the title at the time. And when the so called other parts turn up -Can they claim and what do they claim - part of the money from the settlement or a part of the land from the new owner.

Alsdoubles - Cynical reply, however I am starting to suspect you could be right! I have also heard of people turning up after settlement and claiming rights to certain trees (or fruit from) on the property for life - based on verbal agreements with previous owners.

[LoveU2]

I think croatia should start doing what they do in america.... Have title companies.

Title companies are responsible for a clean title or they can be liable if they deem the property clean and it is not. That way there would be no more of this.... serbs or relatives or whoever coming 5-10-20years later saying that the property is theirs!

I think it would be wise of Croatia to look to America as an example of how to handle real estate. They should adopt the same laws & principles of real estate and mortgages.

LoveU2

[Ines]

Hi Raj,

In Croatia, multiple ownership is possible and it is also a common paperwork problem. Ideally the owner's name(s) in the title of the property should match those in the Land Registry.

In the past, because the émigré member(s) of the family weren't around to sign documents, property was often sold by simple contract amongst locals and never recorded in the Land Registry, which still showed the deceased. All of them would have had to sign, to record it officially. It doesn't mean they were done. The émigré probably still got their share. It was just easier. Considering that until fairly recently most sales were amongst locals and for cash, the lack of Land Registry record didn't worry them the way it does lenders and foreigners. Regularising it involves tracing everyone since the last record and getting their signatures.

But from what I can understand here we have two sisters owning a land, the one having a daughter who left to Argentina a long while ago dies without leaving a will, her relatives in Croatia go to court to distribute her possessions, at that time, her daughter in Argentina does not bother to make her appearance or get somebody to act on her behalf. Her aunt can tell the court her sister did not have any children and claim the whole ownership of the property as the court does not have more information or details available. She becomes the only person in the property title and then she sells the property. The one in Argentina lost her share and therefore does not have any documentation to back her up.


I hope this can help.

Regards

Ines
www.croatiaproperties.biz

[valiant]

its difficult to buy something in croatia with clean papers. usually more than one owner owns a house and it isnt unusual that one of the owners decides to sell the property without telling the other owners. ive even seen people sell land and they ask for more money for the fruit trees. or sell a house without the land thats sorrounds it . haha. i know of one man who gpayed a 200,000 dollar deposit for a house in split and later he found out that the guy selling it is only one of the owners, the property actually has owners all over the world. when he asked for his money back , the guy said that hed already spent the money. you have to go to a lawyer , and to the opcina yourself a few hundred times to sort out the paperwork. and even then you have to keep your fingers crossed that you dont get something in the mail that disputes ownership 6 years later , or someone comes knocking on your door telling you that its their house. you may even get a huge electricity bill to pay for the previous owners. you need to check that all the bills have been payed.

[alsdoubles]

No-one should ever do what Americans do...any time...any where. ON THIS PLANET> They are all full of . Us Brits should have never let that country go...(after all the illegals massacred all the natives). The UK king of the time was a nutter.......The mad Prince, king whatever...
Ah, that's better, just had my medication....a pint of Zlatorog...
Clean papers. They're typed, hopefully. In a pink or yellow folder. And look like...Nothing you have ever seen in your lie that has anything to do with the 'law'.. With a Hrvatska stamp that could well be in Chinese for all I know. Well, maybe not Chinese.
Get em checked out. By who? Good question.
Don't we all just hate...Americans....Yes?
I am only joking. We Brits have the best black sense of humour. Something Americans lack...Other than, probably, Married with Children, which ran for years on their tv. Al Bundy (3 touch down in one game) Don't you just love that? I am he. Al Bundy.....(NOT the serial killer) The REAL Al Bundy... The secret is out!