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Cases managed by the land offices:
land lease registration The land lease register
Reporting and withdrawal/deleting land lease
Land lease fine
Data supply from the land lease register The land lease register The basis of the land lease register is the land register, but the land lease register is an independent official register. This is a register of the land users/lessees. The maintenance and updating of the land lease register are regulated in details by the Act No. LV/1994 on the agricultural land and the Governmental Decree No. 356/2007 (XII. 23.). The land lease register consists of a land lease sheet and the archives of documents. The archives keep the land lease reporting forms, the land lease contracts and other documents relating to the registration and data supply. The land lease sheet should contain all land parcels used by the lessee in the field of competence of the relevant district land office and all lands within urban area under agri- or silviculture – except the areas registered as forests – by settlements, in growing order of parcel identity numbers, grouped as rural and urban areas. Based on the principle of operating the register (personal folium), separate land lease sheets are opened for each lessee, indicating also the name of the competent land office. The land lease sheet consists of two parts. Part 1 contains the data of the lessee, while Part 2 contains the following data: settlement name
location and parcel identity number of the said land parcel
title of use
start, termination and duration of the lease
size of the leased area
Gold Crown value of the leased area (to two decimals)
the applied cultivation line,
if the land parcel is divided into sub-parcels in the land register, then the marks, cultivation lines, classification groups and their sizes (hectare, square meter) and Gold Crown value of the sub-parcels are to be indicated as well.
mark, if the said land parcel belongs to a family farm, presuming that Part 1 of the land lease sheet contains the qualification of family farming, and the said agricultural land forms part of the family farm.
Viewing a sample land lease sheet Back Reporting and withdrawal of land lease The land lessee is a private person, a legal person or an organization not having legal personality (further on: organization), who/which is using agricultural land on the basis of a valid land use title or ownership right, usufruct right or trustee’s right. Who is starting a land lease the size of which – independently from the number of land parcels – exceeds 1 hectare, is obliged to report the lease within 30 days from its start to the territorially competent land office for registration. The obligation of reporting does not refer to a land lease, the size of which – independently from the number of parcels – does not exceed 1 hectare, or is registered as a forest area. If the lease does not refer to the whole land parcel or a sub-parcel that cannot be identified in the cadastral map, then a sketch (showing the size and location of the leased area within the land parcel that is drawn on the authentic copy of the cadastral map) is to be attached to the data sheet or to the contract when it is submitted, to allow the unambiguous identification of the leased area. The lessee should submit the documents to the land office. Both the lessee and the lessor should sign the sketch. The lessee is obliged to report any change that occurred in the land lease to the land office within 30 days. The withdrawal of land lease can happen ex officio or on the request of the lessor or the lessee. The withdrawal from the register of land lease ex officio, if the termination of the lease can be established without any doubt. If the land lease was terminated with a notice to quit/leave, the written notice and the declaration of its acceptance or a document of mutual agreement should be attached to the application for the withdrawal from the register. The land lessee should pay administration servicing fee. The rate of the fee depends on the number of the affected land parcels up to 19 land parcels: HUF 6000, 20 or more land parcels: HUF 12 000). The fee of all kinds of legal remedy relating to the land lease registration procedure is HUF 10 000. Back Land lease fine The land office will impose a fine on the person who misses reporting; the rate of it is the registered Gold Crown value of the relevant agricultural land parcel multiplied by 1000. This sum cannot be less than the collectable minimum public tax. Namely, the register of land lease could not fulfil its role, if the law would not force the lessees to meet the obligation of reporting. The payment of this fine will be enforced officially, similarly to public dues. Parallel with imposing the fine, the land office calls the land lessee to rectify the omission of reporting before the indicated deadline. Fine can be imposed repeatedly. Back Data supply from land lease register The land office supplies data in the form of copies of land lease sheets containing data determined by rules of law. The land lease sheets are available both as paper based copies and online. Paper copies are supplied on application by the client or on official request. Registered TakarNet users can get land lease sheets online as electronic copies through the land office data transfer line. The following sorts of land lease sheet copies can be supplied: full copy of the land lease sheet, which contains all ever registered data (existing and deleted notes);
full review copy of the land lease sheet, which contains all existing data;
partial copy of land lease sheet, which contains all ever registered data (existing and deleted notes) selected for the land parcel indicated in the application; partial review copy of the land lease sheet, which contains all existing data selected for the land parcel indicated in the application.
Further particulars and sample land lease sheet The full copies of land lease sheets can be supplied exclusively to authorities for public administration procedures and procedures aiming at judging reports and claims of public interest or to courts, attorney’s department or investigating authorities to perform their duties provided by law, further on to land lessee of his/her own land lease sheets. The administration servicing fee of data supply from land lease register is stipulated in the ministerial decree 155/2009 (XI.16) FVM. The fee of the copy of land lease sheet is HUF 800 per page. The fee is to be paid by the applicant or organisation that submits request for that. Data supply is free of charge for authorities on official request to perform their official duties. The fee can be paid in the territorially competent district land office in cash, or, if it is possible, parallel with the start of the procedure, by bank transfer to the account of the territorially competent county land office. In the case of payment by bank transfer, it is necessary to attach the document or its copy proving the payment when applying for copy of land lease sheet. When applying for electronic copy of land lease sheet, the fee is to be paid by bank transfer to the account of the Institute of Geodesy, Cartography and Remote Sensing (FÖMI). The fee of the appeal against a decision of rejecting the application for supplying the copy of land lease is HUF 5000.
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