🏭Real Estate Law
Preface
This Law governs the real estate in Liberland, addressing its transfer, mandatory registration, initial land ownership, zoning, and the Land Fee.
Definitions
Ownership is an individual's constitutional right to their body, actions, or things. It comprises a bundle of rights, typically inseverable but severable at the owner's discretion, including but not limited to:
Possession;
Right to Modify;
Right to Destroy/Degrade;
Right to Relinquish;
Right to Transfer Use;
Right to Transfer Obtainment of Produce (usufruct).
Soil refers to the Earth's fertile upper crust, consisting of mineral and organic materials, liquids, and gases, formed by natural processes and human activities.
Soil Degradation denotes a decrease in soil's usability for economic, environmental protection, and cultural functions, resulting from natural processes or human activities.
Soil Recultivation encompasses measures promoting soil fertility restoration.
Degraded Territory is a territory with a damaged or destroyed upper ground layer or an abandoned area of construction, mineral resource extraction, economic, or military activities.
Inland Public Waters are the public lakes and rivers indicated in Annex I to this Law.
Vacant Unit of Land is land without structures or with structures not legally required to be recorded in the Land Registry.
Land Protection includes measures to prevent land degradation and degradation risk and preserve land's useful properties.
Land Degradation refers to the reduction or disappearance of land and its associated economic or ecological value due to human action or inaction or natural processes.
Section 1: Real Estate
Art. 1: Real Estate
This Law governs the ownership, development, destruction, and preservation of Real Estate, comprising:
a) land within Liberland's State jurisdiction; and
b) any other property built on the land or connected to it in ways that preclude separation without excessive costs.
Art. 2: Purpose of the Law
The purpose of this Law is to:
a) protect land and facilitate its regular development; and
b) regulate ownership rights to Real Estate, making this area of human activity transparent and accessible to non-experts.
Art. 3: Superficies Solo Coedit
Unless the owner specifies otherwise, the landowner or other rights holder shall also be the owner or holder of these other rights towards the immovable property built on that land or permanently connected to it.
Section 2: Real Estate Rights
Art. 3: Real Estate Rights
§ 1: Typology of Real Estate Rights
Real Estate Rights pertain to one or more pieces of Real Estate and include:
a) Real Rights, which attach to the given Real Estate and remain with it, even when ownership changes; and
b) Personal Rights, which attach to the given owner and do not remain with the Real Estate when ownership changes.
§ 2: Demonstrative Nature of Rights Enumerated in This Law
The list of rights in this Law is demonstrative. Owners can create their own rights, which, if similar to a Real Right or a Personal Right, shall retain the nature of the right most closely resembling it.
Art. 4: Ownership
Ownership refers to the full property rights to a given piece of Real Estate. Ownership in Real Estate is equivalent to ownership of any other property, but its transfer is limited to the forms permitted in this Law.
Art. 5: Use
Use entails the ability to inhabit or otherwise utilize the property, any of its parts, or functions. The Use in question can be full, or the Owner can divide the property and allocate the Uses to different individuals.
Art. 6: Pledge
Pledge places a possessory title on the Real Estate owned by a debtor and serves as collateral for another debt to a creditor. If the debtor cannot repay the original debt, the creditor may demand the sale of the Pledged Real Estate to repay the debt.
Unless otherwise agreed by the parties, the creditor bears the risk of selling the Pledged Real Estate. A successful sale under reasonable market conditions and circumstances replaces the debt repayment, even if the sale proceeds do not cover the debt's nominal value. If the proceeds exceed the debt's nominal value, the debtor retains the surplus.
Art. 7: Usufruct
Usufruct is the right granted by the owner to the tenant, typically for regular payment, to use and enjoy another's property without destroying or wasting its substance. The tenant retains any produce reasonably obtained through the property's use.
Art. 8: Mortgage
A Mortgage is an agreement between a Real Estate owner or prospective buyer and a lender, concerning a loan that grants the lender the right to seize the property if the debtor fails to repay the loan.
Art. 9: Habitation
Habitation is the right granted by the Owner to a tenant to regularly inhabit a piece of Real Estate, typically a home or living space. Unless further stipulated, the tenant may inhabit the premises with their immediate family, but not with pets, and is prohibited from bringing harmful substances.
A Habitation exchanged for counter payment is referred to as a Lease.
Art. 10: Predial Servitude
Predial Servitude is a perpetual real right in another's property (the servient estate), granting the dominant estate owner permanent, specific entitlements to use and enjoy the servient estate.
Section 3: Mandatory Registration
Art. 11: Mandatory Land Registration
§ 1: Registration Mandate
All land and Real Estate built on it must be registered in the Liberland Land Registry, henceforth the "Land Registry".
The Land Registry serves as the authoritative source of truth regarding land ownership and immovable property in Liberland.
§ 2: Parcels
Land in the Land Registry is divided into Parcels, distinct pieces of land treated as separate units. Each Real Estate, other than land, is assigned to one or more Parcels.
Owners may request the Registrar to split or merge two or more Parcels they own. The Registrar will either confirm their decision or provide reasons why the merging or splitting is detrimental to the Law's purposes.
The initial land division into Parcels is outlined in Annex II of this Law.
Art. 12: Registrar
The Liberland Registrar of Land, henceforth "the Registrar", is an agency under the Ministry of Interior responsible for establishing, managing, and operating Liberland's land registration and the Land Registry.
Art. 13: Registered Information
§ 1: Data in the Registry for Parcels
The Registrar shall maintain the following data for each Parcel in the Land Registry:
a) the parcel area, border descriptions, and graphical representations;
b) the Parcel's name; and
c) the Identification Number, a unique alphanumeric identifier assigned by the Registrar.
§ 2: Data in the Registry for Land other than Parcels
The Registrar shall maintain the following data for each Real Estate piece, excluding Parcels, in the Land Registry:
a) the parcel(s) on which the Real Estate is situated;
b) the Real Estate description;
c) graphical representations, including photographs;
d) the Real Estate's name; and
e) the Identification Number, a unique alphanumeric identifier assigned by the Registrar.
§ 3: Other Data in the Registry
The Registrar shall maintain the following data for each registered property, regardless of nature:
a) the list of Owners;
b) the Owners' titles;
c) the Real Rights pertaining to the property;
d) the Personal Rights of non-Owners, if applicable; and
e) the entire history of titles and rights, including all Deeds and data from Deeds.
Section 4: Transfer of Rights to Real Estate
Art. 14: Regulated Transfer of Rights
Transfer of rights to Real Estate, including Ownership rights, shall follow the process described in this Law.
Other transfer forms shall be null and void.
Art. 15: Deed
§ 1: Purpose and Form of a Deed
A Deed is a written document required for transferring Real Estate rights. To effect the transfer, the transferer and transferee must jointly submit the Deed to the Registrar.
The rights transfer takes effect when the Registrar records the data in the Land Registry.
§ 2: Mandatory Content of a Deed
A Deed must contain the following information:
a) the Real Estate's name and description, including Identification Numbers;
b) the Parcel on which the Real Estate is built or connected, if applicable;
c) the transferer's name, address, and birthdate; for legal entities, the corresponding data, including Identification Number;
d) the transferee's name, address, and birthdate; for legal entities, the corresponding data, including Identification Number;
e) the transfer title;
f) the enumeration and description of transferred rights;
g) the transfer compensation, typically payment in a currency; and
h) other relevant transfer conditions.
Art. 16: Open Transfer
§ 1: Rules for Open Transfers
If the Owner intends to rent the property or a similar purpose with an open-ended number of potential rights holders and unpredictable changes, they are not required to submit each tenant's name to the Registrar.
The Owner shall submit the following to the Registrar:
a) unique property identification;
b) Rental start date and, if applicable, end date;
c) a clear description of open rights for Rental (only rights reasonably associated with rental or related acts);
d) a description of the property's intended use by the Tenant (e.g., commercial, residence, or production).
§ 2: Actions of the Registrar Regarding Submission for Open Transfer
The Registrar may reject the submission only if acceptance would clearly jeopardize this Law's objectives or seriously infringe on others' life, liberty, or property.
If the Registrar receives evidence-backed proof of the Owner's continued use of this right seriously infringing others' life, liberty, or property, the Registrar will inform the Owner that they can no longer use this right and must report each rights transfer per this Law's provisions.
The Owner shall have one month to comply.
§ 3: Owner's Data Retention Duties for Open Transfers
The Owner must retain tenant identities, contracts, payment receipts, and provide them upon request from a Court or the Registrar.
Section 5: State Land Ownership
Art. 17: Initial Land Ownership
The Provisional Government of Liberland has established the legal use of land by resolving its status as terra nullius, which previously hindered most forms of international activity. Consequently, the Provisional Government has claimed the entirety of Gornja Siga. Since Liberland's founding on March 13, 2015, until this Law takes effect, Liberland has owned the entire territory.
Art. 18: Retention of Land
Considering the scarcity of land, its immense utility, and potential consequences of misuse, Liberland will retain ownership of all its land.
Art. 19: Land Leasing
Liberland will lease its land to the public, rather than selling it, to ensure efficient and sustainable land use.
The Government will establish a long-term land leasing system, offering leases with fixed terms and conditions to individuals and entities.
The leasing system will be designed to promote economic development, social stability, and environmental sustainability.
Art. 20: Land Lease Types
Liberland shall offer two types of land leases: residential leases and commercial leases.
Residential leases shall be available to individuals for housing purposes, while commercial leases shall be provided for businesses, industries, and other enterprises.
Lease terms for both types may vary, but shall generally be long-term to encourage investment, stability, and community development.
Art. 21: Lease Conditions and Fees
The Government shall establish lease conditions and fees based on land use and market conditions.
Lease fees shall be periodically reviewed to ensure they remain equitable and reflect current market trends.
Leaseholders shall be required to comply with all relevant land use regulations and zoning laws, as well as any specific conditions stipulated in their lease agreements.
Art. 22: Lease Renewal and Termination
Leaseholders may apply for renewal of their leases upon expiration, provided they have complied with all lease terms and conditions.
The Government reserves the right to deny lease renewal requests if the land is required for public use, urban redevelopment, or other essential projects.
Leaseholders shall be notified of non-renewal at least one year before the lease's expiration date and shall be fairly compensated for their investments in the land.
Art. 23: Transfer of Leases
Leaseholders may transfer their leases to other eligible parties, subject to the Government's approval and payment of any applicable transfer fees.
Lease transfers shall not extend the original lease term, and the new leaseholder must adhere to all existing lease conditions and obligations.
Art. 24: Land Use Regulations
The Government shall establish land use regulations to ensure efficient and sustainable land use, protect the environment, and maintain community harmony.
Land use regulations shall cover topics such as zoning, building codes, environmental protection, and heritage conservation.
Leaseholders shall be required to comply with all applicable land use regulations, as well as any additional conditions specified in their lease agreements.
Art. 25: Enforcement and Dispute Resolution
The Government shall be responsible for enforcing lease terms, conditions, and land use regulations.
Leaseholders who fail to comply with their lease terms or land use regulations may face penalties, including fines, lease termination, or legal action.
Disputes between leaseholders and the Government, or between leaseholders, shall be resolved through negotiation, mediation, or arbitration before resorting to legal action.
Art. 26: Land Management
Liberland will retain ownership of all land and manage it for public benefit. The land will be leased for profitable economic activities, public services, and other purposes that contribute to the well-being of Liberlanders. The Government will establish rules and regulations for land use, ensuring sustainable development and environmental conservation.
Section 5: Zoning
Art. 27: Establishment of Zoning System
Upon the incorporation of Liberland, the Minister of Interior, acting in the name of the owner of the land, Liberland, shall promptly establish a zoning system and present it as a draft Law.
Art. 28: Zoning and Tenancy
§ 1: Zoning Reservation
Any lease of property shall be made with the reservation that the State retains the following rights to the land and any future real estate built on that land:
a) The property shall be used only in ways in which it or the underlying land parcel has been zoned for;
b) This restriction shall be retained even where future subleases between private parties take place and shall exist in perpetuity.
§ 2: Retention of Zoning Rights
The State retains the right to change the zoning later on. This can be done unilaterally to fulfill the purposes of this Law or the purposes of the Government, or upon request of the lessee or interested parties with the express written consent of all the lessees.
Art. 29: Sanctions
If the Ministry of Interior finds that land is not being used in line with the zoning, they shall be able to make a case before the Judiciary. The Judiciary shall use remedies of:
a) Suspension of citizenship rights;
b) Monetary fine, issuable repeatedly, up to a maximum of five percent of the market value of the property; and, ultimately;
c) Termination of the lease agreement and reclamation of the property by the State.
Section 8: Transitory and Final Provisions
Art. 32: Transitory Provision
All existing tenancies on unzoned land shall be subject to the zoning system established by the Minister of Interior as per Art. 27 and the tenants shall submit to it.
All lease contracts according to this law pertaining to unzoned land shall be subject to this provision.
Art. 32: Legal Force
This Law takes legal force at the end of a standard Enactment Period following its adoption in the Referendum.
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