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Correcting Land Book Errors and Title Problems for Foreign Property Owners in Romania

The article explains the most common land book and title issues encountered by foreign owners of Romanian property and how they can be fixed. It covers typical discrepancies, available procedures before the land book office and courts, and why resolving them early is crucial for future sales, mortgages or inheritance planning.

More and more foreign nationals and Romanians living abroad now own apartments, holiday homes, agricultural land or building plots in Romania. Whether the property was purchased as an investment, as a holiday “home base” or inherited from family, one legal constant remains: everything starts and ends in the land book. A wrong surface, a wrongly recorded owner or a missing easement can block a sale, a mortgage, or even the settlement of an inheritance.

For a foreign owner, the Romanian land book system can look extremely technical and bureaucratic. In reality, it is a modern system of land registration, aligned with European standards, but it is also very strict: documents must be correct, entries must reflect the legal and technical reality, and any error must be corrected through clear procedures, sometimes administrative, sometimes judicial.

This article explains, in a practical way for owners living abroad:

  • what the most common land book errors are (wrong surface, wrong owner, missing easements);
  • what the difference is between administrative corrections (before the cadastre and land registration office) and corrections through court actions;
  • which evidence is needed and which time limits apply to rectification claims;
  • what concrete consequences errors have for sales, mortgages and inheritance procedures.

Typical Errors in the Land Book (wrong surface, wrong owner, missing easements)

The land book is the public register that describes the property (surface, boundaries, use category) and records all real rights and encumbrances relating to it (owners, mortgages, easements, prohibitions, etc.). This structure is laid down by the Romanian Cadastre and Real Estate Publicity Act no. 7/1996, which provides that each property is identified by a cadastral number and that both the technical description and the legal rights must be registered.

Errors in surface and description of the property

One of the most frequent issues, especially for land, is the discrepancy between the real surface and the surface registered in the land book. Typical examples include:

  • the title deed (sale contract, title of ownership, court judgment) mentions 1,000 sqm, while the land book shows 800 sqm;
  • after new cadastral measurements, a larger or smaller surface than initially registered is identified;
  • the use category is wrong or outdated (land recorded as arable, although in reality it has been “yard and buildings” for decades).

For a foreign owner, such a difference may look like a “technicality”, but in practice it can affect the sale price, taxes, the possibility to obtain a building permit, or eligibility for a mortgage. Larger discrepancies, for example over 15% compared to the original surface, are usually treated more strictly and may require court involvement.

Errors regarding the owner or the co-ownership shares

Another critical type of error concerns the person registered as owner or the recorded share of ownership. Typical situations are:

  • the land book shows a different person than the one who believes they are the owner (for example the former owner, or a person with a similar name);
  • an inheritance was not registered properly, so the deceased is still shown as owner and the heirs are not registered;
  • co-ownership shares are wrongly registered (1/2 instead of 1/3, a co-owner is missing, or there is confusion between co-ownership and exclusive ownership over parts of a building).

In the Romanian system, land book entries are essential for acquiring and making real rights opposable: as a rule, real rights over registered immovable property are acquired and extinguished by registration or deletion in the land book, based on a valid title. An error regarding the owner can generate complex disputes, especially when good-faith purchasers or successive contracts are involved.

Missing or incorrect easements, mortgages and other encumbrances

The land book has a dedicated part for encumbrances (mortgages, prohibitions, easements, usufruct, long-term leases, etc.). Frequent errors include:

  • an easement of way established by an old deed, but never registered in the land book;
  • an easement registered against the wrong property (for example, a mistake in the cadastral number or in the position inside the land book);
  • a mortgage that was extinguished years ago but never deleted from the land book, blocking any sale or refinancing;
  • a prohibition of disposal (for example, in a donation deed) that remains registered although the conditions for it have ceased.

If an easement is not visible in the land book, the result can be disastrous for a buyer: they may pay for land and later discover that underground utilities cross the plot or that neighbours have a right of way across it. Conversely, failure to register a mortgage when the bank believes it has duly created one can create costly litigation between creditor and owner.

Other typical errors: identification, overlaps, old titles

In practice, other technical‑looking problems arise with equally serious effects, such as:

  • incorrect personal data for the foreign owner (misspelled name, different transliteration from Latin or Cyrillic alphabet, missing passport details or Romanian personal identification number);
  • confusion between properties with similar names (streets that have changed their name, old vs. new numbering systems);
  • overlaps of surfaces between neighbouring plots, resulting from old measurements or land restitution titles; these may require correction of cadastral coordinates;
  • transcription errors from older land registers (for example the transition from old land books or transcription-inscription registers to the current system).

In all these cases, the first step for a foreign owner should be to request an updated land book extract (ideally via a Romanian lawyer or notary) and compare the information with their title deed and with the actual situation on the ground.

Administrative vs. Judicial Corrections

Romanian law clearly distinguishes between two main categories of corrections in the land book:

  • administrative corrections of material errors and technical/description data (mainly before the cadastre and land registration offices – OCPI/BCPI);
  • rectification of land book entries in the sense of the Civil Code, when the entry does not correspond to the real legal situation (which can be done amicably or through court proceedings).

Correction of material errors and technical data

The Romanian Civil Code expressly allows the correction of material errors, distinct from the general rectification cases. In practice, this category includes, for example:

  • typing errors in the owner’s name or in the property address;
  • swapped digits in the cadastral number or in the surface, when the title deed and the cadastral documentation are correct;
  • wrongly entered letters or abbreviations in the description of the property.

Such errors can usually be corrected by filing a request with the competent land registration office, accompanied by documents proving the mistake (title deed, identity documents, cadastral documentation). The office may correct these errors at the owner’s request or ex officio, based on internal procedures and the regulations issued by the National Agency for Cadastre and Land Registration.

Changing the description of the property: surface, use, categories of land

Beyond material errors, the law allows changes to the entries concerning the description of the property, including its surface and use. The owner can request such changes when:

  • a new cadastral survey has been prepared, with precise measurements showing a different surface than that in the land book;
  • the land use category has changed (for example, from agricultural land to “yard and buildings”, based on town‑planning and construction documentation);
  • property boundaries have been clarified through agreements with neighbours or through court decisions.

When surface differences are significant or there are overlaps with neighbouring properties, the office may request further technical and legal documentation and, ultimately, the dispute may end up before the courts (for example through an action for boundary determination or an action for rectification of the land book).

Amicable rectification of land book entries

The Civil Code provides that when an entry does not reflect the real legal situation, it can be rectified. Rectification means deletion, correction or amendment of an inaccurate entry so that the land book matches the true legal situation. The law distinguishes between:

  • amicable rectification, when the holder of the registered right acknowledges the error and consents to the correction by a notarial deed;
  • judicial rectification, when there is no such consent or when there is a conflict of rights (for example, two persons claim the same property).

For foreign owners, amicable rectification is preferable whenever possible, as it is faster and cheaper. Examples include:

  • contacting the former owner who is still recorded as owner in the land book and obtaining a notarised statement acknowledging the sale and consenting to rectification;
  • agreement between co-owners on the correction of their shares (for example, changing from 1/2 – 1/2 to 1/3 – 2/3) and signing a rectification deed before a notary;
  • recognition of an unregistered easement by an authentic deed of constitution or acknowledgement, followed by registration of the easement in the land book.

Rectification through court action

When there is no agreement or when the problem is more than a simple material error, the only option is usually a court action for rectification of the land book. This action may be based on various grounds, such as:

  • the deed on which the entry is based is invalid (for example, the contract is null, consent is vitiated, one party lacked capacity or the required authentic form was not observed for an immovable transfer);
  • the registered right was wrongly qualified (for example, ownership was registered where in fact there should have been an easement or a right of superficies);
  • a right that does not exist or has ceased was registered (for example, a mortgage that has been extinguished but not deleted);
  • the entry does not correspond to the court judgment or title invoked (for example, the wrong property has been registered).

The action can be brought against the immediate acquirer (the person wrongly registered) and, under certain conditions, also against third‑party acquirers, within the time limits set by the Civil Code. For a foreign owner, such litigation is usually handled by a Romanian lawyer under a notarised power of attorney.

Evidentiary Requirements and Timeframes

Every correction in the land book – whether administrative or judicial – is based on two key elements: (1) a title or set of documents showing how the land book should correctly look, and (2) respect for statutory time limits, where applicable. For foreign owners, the main difficulty is often gathering documents from several countries (civil status certificates, divorce or succession judgments, foreign inheritance certificates, notarial deeds executed abroad, etc.).

Documents required for administrative corrections

For material errors and technical changes (surface, use, land category), the land registration office usually requires the following types of documents:

  • title deed: sale-purchase contract, exchange, donation, auction minutes, land restitution title, certificate of inheritance, final court judgment or other administrative deeds;
  • cadastral documentation prepared by an authorised surveyor in the format required by ANCPI, showing the real surface and configuration of the property;
  • identity documents of the foreign owner (passport, and Romanian personal identification number if issued) to correct the name and personal data;
  • additional proof where transcription errors or issues from the old system are invoked (for example, old land book extracts, archive documents, old plans).

These documents are submitted to the competent land registration office together with a written request for correction of the error or modification of the entries. The registrar then issues a decision (registration order) accepting or rejecting the request, within the legal deadline (typically up to 30 days from filing, excluding periods when the office asks for additional documents).

Evidence in court actions for rectification

In judicial rectification, the burden of proof generally lies with the claimant (the owner or other interested person). Typically, the court will consider, among others:

  • the claimant’s title deed (the instrument on which they base their claim to ownership or another real right);
  • the title of the person currently registered in the land book (for example, that person’s contract or inheritance certificate);
  • updated land book extracts showing the tabular situation when the action is filed;
  • previous court decisions (for example, declaring a contract null or establishing an easement);
  • expert reports in topography/cadastre when there are issues with surface, boundaries or overlaps;
  • witness evidence, documents, correspondence and any other means of proof allowed by the Civil Procedure Code.

In addition, the Civil Code requires that the real legal situation used as a basis for rectification must result either from an acknowledgment by the registered holder (through an authentic notarial statement) or from a final court judgment rendered in a substantive action (such as nullity, revendication, partition). Sometimes, rectification is attached to a main action (for example, a revendication claim), while in other cases the rectification action is autonomous but still needs a valid legal cause and supporting evidence.

Time limits for rectification actions

The Civil Code sets out specific time limits for rectification actions. In simplified terms:

  • against the immediate acquirer (the person directly registered by mistake) and against bad‑faith third‑party acquirers, rectification is generally not time-barred, subject to the limitation period of the underlying substantive claim;
  • against good‑faith third parties who acquired real rights by way of gift or legacy, the action must be brought within 5 years from the date of registration of their rights;
  • against other good‑faith third‑party acquirers, rectification based solely on defects of registration (for example, defects in the registration order or wrong qualification of the right) is subject to shorter periods, often 3 years or even 1 year in specific procedural situations.

Many of these periods are time limits for forfeiture (decădere), not ordinary limitation periods. Once they expire, the right to seek rectification against certain third parties is definitively lost. For foreign owners, this is crucial: if you discover a land book error in connection with an acquisition or an inheritance, do not postpone seeking advice. Time passing may consolidate the position of good‑faith third parties.

How long do procedures take in practice?

Beyond statutory deadlines, owners are understandably interested in how long procedures take in real life:

  • an administrative procedure for correcting a material error or updating technical data at the land registration office usually takes up to 30 days from filing a complete request, with possible extensions if additional documents are required;
  • a court dispute on land book rectification can realistically last from 1 to 3 years, depending on complexity, number of parties, required expert reports and appeals;
  • for owners living abroad, the duration can also be affected by the time needed to obtain notarised powers of attorney, translations, apostilles or consular legalisations.

It is therefore advisable to address any land book error as early as possible, ideally before starting a sale, mortgage or complex succession procedure.

Consequences for Transfers, Mortgages and Inheritance

Land book errors are not only a technical problem – they have direct consequences for real estate transactions, security interests and successions. In a system where publicity is based on land book registration, buyers, banks and heirs rely on the accuracy and completeness of tabular entries.

Impact on sales and donations

In Romania, the general rule is that real rights over registered immovable property are acquired, modified and extinguished through registration in the land book, based on a valid legal act or fact. As a consequence:

  • if the title is valid but the registration is wrong (for example, a different surface or a different owner is registered), the buyer or donee may seek rectification, amicably (if the registered holder agrees) or in court;
  • if the title itself is affected by nullity (for example, the seller lacked capacity, was not the owner, or the act does not comply with the mandatory authentic form), the problem cannot be solved solely by rectification: a substantive claim (for nullity, revendication, etc.) is needed, combined with rectification of the land book;
  • a good‑faith purchaser relying on the land book may be protected against rectification claims, within the conditions and time limits laid down in the Civil Code. In other words, after a certain period, their registered right remains secure, even if a land book error existed at the origin.

In practice, for a foreign buyer, real estate due diligence in Romania should include, at a minimum:

  • obtaining a land book extract for information (before negotiations) and an extract for authentication (used by the notary at signing);
  • comparing land book data with the seller’s title deed, with the actual situation on the ground and, if relevant, with the town‑planning documentation;
  • clarifying any overlaps, disputes or encumbrances, preferably with assistance from a lawyer or notary.

Impact on mortgages and bank financing

A mortgage over immovable property is created by registration in the land book, based on an authentic notarial deed. For banks, the land book is the definitive “map” of their security. Serious errors can have major consequences:

  • if the registered surface is smaller than the real one, the bank may consider that the value of the security is lower, affecting the loan‑to‑value ratio;
  • if the registered owner is not the same as the borrower or guarantor, the mortgage may be void or challenged by the true owner;
  • if easements or other unregistered encumbrances exist (e.g., rights of way, utility lines), they may affect the value and marketability of the property during enforcement.

In practice, banks are reluctant to accept properties with unresolved land book issues. Foreign owners wishing to finance the acquisition or modernisation of Romanian property should therefore resolve errors before signing a mortgage, or expect the bank to impose additional conditions (alternative security, retention of amounts, conditions precedent regarding rectification).

Impact on cross‑border successions and inheritance

In inheritance matters, the land book is again central. For a heir (Romanian or foreign) to be registered as owner, the notary or court has to correlate the deceased’s titles with the land book:

  • if the deceased is properly registered as owner, the certificate of inheritance or court decision will be used as the basis for registering the heirs;
  • if the deceased is not registered, but has an old title (contract, land title, court judgment), the first step is usually to register the deceased or find an equivalent legal solution (which may involve rectification or a separate declaratory/revendication claim);
  • if the land book shows someone else as owner (e.g., the former owner or a person with a similar name), the succession cannot be properly settled until this discrepancy is resolved, usually by rectification.

EU Regulation no. 650/2012 on succession and the European Certificate of Succession allows heirs to prove their status and rights in other EU Member States. However, for registration in the Romanian land book, the cadastre and land registration offices still apply Romanian substantive law (the Civil Code and Act no. 7/1996). They may therefore require additional steps such as recognition of foreign judgments, legalised translations and apostille/legalisation of foreign documents.

Foreign owners should also be aware that, in a succession context, any errors “inherited” in the land book (wrong surfaces, unregistered titles, missing easements) are effectively transmitted to the next generation and may be aggravated over time. It is often much more efficient to resolve these issues during the owner’s lifetime, rather than leaving them to the heirs.

Litigation risk and practical blockages for foreign owners

Land book errors can create a vicious circle for foreign owners:

  • they cannot sell the property at market price because of an old mortgage that has not been deleted or because of unclear surface/boundaries;
  • they cannot obtain mortgage financing or refinancing because the property is not considered bankable;
  • succession is blocked because the deceased is not correctly registered or because there are overlaps with neighbouring properties;
  • in case of litigation, the duration of proceedings and the costs (lawyer’s fees, expert fees, translations, travel) are significant.

On the other hand, ignoring errors can be even more costly in the long run. Once good‑faith third‑party acquirers intervene, certain rectification claims may no longer be available or may have a lower chance of success. A foreign owner should therefore adopt one basic principle: “Whatever is wrong in the land book should be corrected as soon as it is discovered, not later.”

Practical recommendations for foreign owners

From a strategic perspective, a foreign owner who already holds or plans to buy property in Romania can follow a few simple but effective steps:

  • check the land book before any important decision – request an updated extract and, ideally, have it reviewed by a lawyer or notary;
  • compare land book entries with the title deed and the actual situation on the ground – any discrepancy is a red flag, not a trivial detail;
  • use local representatives in Romania (lawyer, notary, attorney‑in‑fact) through notarised powers of attorney, so you do not need to travel for every step;
  • act quickly when you discover an error, especially if you are planning a sale, mortgage or inheritance procedure;
  • do not sign major contracts (sales, mortgages, partitions) until you have clarified, as far as possible, all identified land book issues.

Conclusions

The Romanian land book system offers a robust framework for protecting real rights over immovable property, but this protection works properly only if entries are accurate and up‑to‑date. For foreign owners, geographical distance, language barriers and different legal traditions can turn a “simple land book error” into a major source of stress and cost.

Understanding the difference between administrative corrections (material errors, changes in description) and judicial rectification (when the real legal situation does not match the entry), knowing the evidence and time limits involved, and assessing the impact on transactions, mortgages and inheritance are all essential for protecting your investment in Romania.

The central message for the foreign owner is straightforward: the land book is not a mere bureaucratic formality; it is the legal “X‑ray” of your property. Check it regularly, correct any error as soon as you identify it, and work with local professionals – lawyers, notaries, surveyors – who know both Romanian law and the expectations of international investors. In this way, you turn a potential risk into a genuine asset: a clean title, easy to sell, to mortgage or to pass on to the next generation.

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