Buying property

Acquisition of ownership (nabytí vlastnického práva)

In Czech: Nabytí vlastnického práva

Acquisition of ownership (nabytí vlastnického práva) is the moment a person becomes the owner of a property. When buying property recorded in the land register, it happens on entry in the register, not on signing or paying.

Also called: transfer of ownership, passing of title, nabytí vlastnictví

What it means

Acquisition of ownership (nabytí vlastnického práva) means that someone becomes the owner of a thing and may use it, let it, sell it or mortgage it. Real estate is mainly acquired by purchase, gift or inheritance, and also for example by a court decision or by prescription (vydržení). Each route has its own moment when ownership passes.

For transfers by contract, a special rule applies to real estate recorded in a public register: ownership is acquired by entry in that register (Civil Code § 1105). For flats, houses and land, that register is the land register (katastr nemovitostí).

How it works in the Czech Republic

So the buyer does not become the owner by signing the purchase agreement or by paying. The contract is the legal basis; the land register entry is the moment of acquisition. Its legal effects, however, go back to the moment the application for entry reached the cadastral office (Cadastral Act § 10). Between filing and entry, the property carries a so-called plomba.

With land, the buyer also acquires what forms part of it. Under the Civil Code, buildings and other structures on a plot are part of it, except temporary structures (§ 506); utility networks and other line structures are not (§ 509). With a flat, the buyer acquires a unit (jednotka): the flat plus a share in the common parts of the building.

A lien on real estate also arises only on entry in the land register (§ 1316), and that includes the bank's lien on a mortgage. Liens and servitudes registered against the seller's property therefore need to be dealt with in the contract, otherwise you may take the property over with them.

Practical example

For example, a buyer signs a purchase agreement for a family house with land on 10 April, and the application reaches the cadastral office on 12 April. The office records the change a few weeks later. The buyer is the owner with effect from 12 April and has acquired the house as part of the plot, including a garage on the same parcel; a gas distribution pipe crossing the plot, however, is not part of the land.

What to watch out for

  • Consider yourself the owner only after the entry; check it on nahlizenidokatastru.cz or on a title deed extract (výpis z listu vlastnictví).
  • Before buying, check whether the building and the land have the same owner; if not, special rules may apply, including a right of pre-emption.
  • Find out which liens and servitudes are registered and agree in the contract whether they will be deleted or taken over.
  • For a flat, check which share in the common parts of the building belongs to the unit.

Frequently asked questions

Am I the owner after signing the purchase agreement?

No. You acquire ownership of registered real estate only on entry in the land register, with effect from the day the application reached the office.

Do buildings on the land I bought belong to me?

Buildings and structures on a plot are part of it, except temporary ones. Utility networks are not part of the land.

How do I check that I am the owner?

On nahlizenidokatastru.cz or in an extract from the title deed, where you appear as owner after the entry.

  • Entry into the land register (vklad do katastru)Entry into the land register (vklad do katastru nemovitostí) is the registration of ownership or another property right in the land register based on a contract. Only this entry makes the buyer the owner, with effect from the day of filing.
  • Purchase agreement (kupní smlouva)A purchase agreement (kupní smlouva) is the written contract in which the seller undertakes to transfer ownership of a property to the buyer and the buyer undertakes to pay the price. Ownership passes only on entry into the land register.
  • Title deed (list vlastnictví)A title deed (list vlastnictví, LV) is the land register sheet that shows, for one cadastral area, who owns which properties and what burdens them, such as mortgages, easements or a pending change of ownership.
  • Co-ownership share (spoluvlastnický podíl)A co-ownership share (spoluvlastnický podíl) expresses the extent to which a co-owner shares in the whole property, such as 1/2 or 1/4 of a house or plot. It is not a specific room or piece of land.
  • Lien (zástavní právo)A lien (zástavní právo) secures a debt: if the debtor does not pay, the creditor can be satisfied from the pledged property. On a property in the land register it arises by entry and stays with the property when it changes hands.
  • Right of pre-emption (předkupní právo)A right of pre-emption (předkupní právo) gives a particular person priority when a property is sold: an owner who wants to sell must first offer it to them. It can arise by law or be agreed in a contract.

Sources

Laws and official pages this text is based on (in Czech).

This text is for information only and has not yet been checked by a legal or financial expert. It is not legal, tax or financial advice. Verify important details in the listed sources or with a professional.

Updated 25 October 2026

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