Maritime domain registration and records

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Written by Olga Jelčić, Branko Kundih

Cadastral units in the Republic of Croatia, their size, development status and special legal regime are recorded in the real estate cadastre, unless otherwise provided by law. Cadastral records form a basis for registering cadastral units in the land registry, which is maintained by land registry offices of the municipal courts. The function of the land registry is to provide a public record detailing legal status of property relevant for legal transactions, unless otherwise specified for specific land plots. As we cannot achieve the ownership and other real rights of real estate in public domain, such public domain is registered in the main Land Registry if requested by a person who has legal interest in it and when determined by special legislation. The procedure of registering property in cadastre records is determined by the Law on State Survey and Real Estate Cadastre, while Land Registration Act contains substantive law and procedural rules for real estate property registration in the Land Registry.

When we talk about records and registration of the maritime domain in the public registry, we primarily talk about the land within the maritime domain, as this part of maritime domain most frequently has specific legal status. Even the sea, although rarely, might have legal status (grant of a concession). Therefore, the question arises as to what register should contain the information about the sea, seabed and marine waters. The Hydrographic Activity Act defines the marine cadastre as the register containing the information about the sea, seabed and undersea world (with the exception of defense information), significant for safety of navigation. Therefore, it is necessary to record legal status and powers of concessionaires of sea, as they can undoubtedly affect the safety of navigation.

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