Priority order of registration in the land registry: what it is and why it is important

The purchase of real estate does not end with the signing of a contract — legal security is achieved only by registering the right of ownership in the land register. But what happens when multiple rights that mutually exclude or compete, such as two buyers, or a buyer and a creditor registering a mortgage, are found on the same property? The answer is given by one of the fundamental principles of land registry law: the priority order of registration. It determines whose right has precedence, and its logic surprises many buyers because it does not rely on the date of the contract, but on the moment the proposal for registration is submitted.

For a buyer, understanding the priority order is a very practical matter, not just legal theory. It determines whether your right of ownership will be secure or exposed to the risk of being „overtaken" by someone else's earlier submitted registration. In this guide, we explain what the priority order is, how it is determined, what role the seal (plomba) plays, why the moment of submitting the proposal can be more important than the contract date, and how as a buyer you can protect your position.

What is the Priority Order and the Principle of Priority

The priority order of registration is the sequence in which rights to real estate are entered into the land register and according to which their mutual precedence is determined. The land register not only records which rights exist on a property — ownership, mortgages, easements, rights of use — but also the order in which they arose, or were requested. This order is not mere record-keeping. It has a concrete legal effect because it decides whose right has precedence when rights mutually exclude or conflict.

The principle is based on a simple idea: whoever requested registration first has precedence. In law, this is expressed by the Latin maxim „prior tempore, potior iure" — first in time, stronger in right. For real estate, this means that an earlier request for registration prevails over a later one, regardless of what happened outside the land register in the meantime. The principle is regulated by the Land Registry Act (Official Gazette, No. 63/19, 128/22, 155/23, 127/24).

In the case of rights that can coexist, such as multiple mortgages, the priority order determines the order of satisfaction — an earlier registered mortgage is satisfied before a later one. Thus, the priority order creates a predictable and legally secure system in which it is precisely known whose right has what strength, instead of disputing it subsequently.

Professional advice: Remember the principle „first in time, stronger in right" — in the land register, precedence almost always depends on who requested registration earlier, not on who thinks they have a „stronger" right for other reasons.

Moment of Proposal Submission, Not Contract Date

This is the point that most often surprises buyers. The priority order is not determined by the date of concluding the sales contract, but by the moment the proposal for registration reached the land registry court. In other words, it is not crucial when you signed the contract, but when your request for registration was received. A buyer who concluded the contract later but submitted the proposal for registration earlier may have precedence over one who concluded the contract earlier but delayed with the registration.

This logic has a profound practical consequence. A signed contract in itself does not secure your right against third parties until registration has been requested. The period between signing and submitting the proposal is a period of vulnerability — during which, at least theoretically, someone else might appear who will be the first to request registration. That is precisely why the speed of submitting the proposal for registration is the most important individual protection of your position: every day of delay is a day in which your right, however valid on paper, is not yet secured in the land register's order.

Professional advice: Once you meet the conditions for registration, submit the proposal for registration without delay — in the land register, the place in line is not reserved by the one who agreed first, but by the one who requested registration first.

The Role of the Seal (Plomba) in the Priority Order

When a proposal for registration reaches the court, it is immediately marked in the land register with a so-called seal (plomba) — a visible indication that a procedure is underway that could change the state of the entry. The seal is essentially a visible trace of the moment the proposal was submitted, and it is precisely this moment that determines the place in the priority order. It thereby signals to anyone reviewing the land register that there is a request that has „taken a place in line", even though the registration has not yet been carried out. Today, proposals are usually submitted electronically by public notaries and lawyers, so the moment of submission is precisely recorded.

For a buyer, the seal has a dual meaning. When they submit it themselves, it reserves their place in line from the moment of submission. On the other hand, a seal noticed on a property they intend to buy is a sign of caution — it warns that someone else has already initiated some registration, the outcome and nature of which should be clarified before proceeding with the transaction. What the seal exactly means and what kind of registration it announces is explained in more detail in the guide Seal (Plomba) on the Title Deed.

Professional advice: If you notice a seal (plomba) when checking a property, do not proceed with payment until you clarify what it exactly means — the seal indicates that someone is already „in line" ahead of your future registration.

Why it is Important for the Buyer and the Conflict of Multiple Rights

For a buyer, the priority order is not an abstract principle, but a direct protection — or a source of risk. It is a guarantee that a valid and timely requested right of ownership will not be overtaken by later requests. A buyer who promptly submits a proposal for registration secures their place in line and protects themselves from a series of unpleasant scenarios — from double selling of the same property to subsequent registration of encumbrances. Conversely, a buyer who delays with registration leaves room for another party's right, such as a mortgage from the seller's creditor, to be registered in the meantime, which then takes precedence.

The priority order most clearly shows its importance when multiple rights are found on the same property. A classic example is double selling, where the seller sells the same property to two buyers. As a rule, the owner becomes the one whose ownership registration was first requested and carried out, while the other is left without the property and is directed to claims against the seller. It is important, however, to know that this precedence belongs to a conscientious buyer — one who, at the time of registration, did not know about the earlier sale. A buyer who knew about someone else's earlier acquisition does not enjoy the same protection, so the earlier conscientious buyer has a stronger legal basis and legal means to challenge such registration against them.

A similar conflict arises between a buyer and a creditor. If a mortgage is registered before the buyer's ownership registration, the buyer acquires the property burdened with that encumbrance. We write more about the creation and deletion of mortgages and the rights of the buyer in the guide Mortgage: creation, deletion, and buyer's rights. In all these situations, the same rule applies: security is not measured by what was agreed upon privately, but by what was requested and when it was requested in the land register.

Professional advice: For every purchase, start from the assumption that you are not the only one interested in that property — such caution naturally leads to faster registration and a more thorough check of the order of already registered rights.

Annotation of Priority Order (Zabilježba prvenstvenog reda)

The law also recognizes a mechanism by which a place in line can be secured in advance — the annotation of priority order. This „reserves" a place in the sequence for a future registration of a certain right in advance. Thus, a later registration, when carried out, receives precedence from the moment of annotation, not from the moment of the registration itself. This bridges the period in which the right is not yet registered, but its future order is to be protected. The institute is regulated by the Land Registry Act (Arts. 77–82).

This instrument is useful in more complex transactions, where time passes between agreement and final registration, and parties want to ensure that no other right with precedence appears in the meantime. Indeed, one of the purposes of the annotation is to prevent double alienations of the same property. The specific conditions, deadlines, and effects of the annotation of priority order are regulated by law, so they should be checked with a public notary or lawyer in a specific case.

Professional advice: For more complex or prolonged transactions, inquire about the possibility of an annotation of priority order — it can protect your future right during the period when all conditions for final registration have not yet been met.

How a Buyer Can Protect Their Position

Buyer protection regarding the priority order comes down to a few concrete steps. The first and most important is speed — submit the proposal for ownership registration as soon as the conditions are met, without unnecessary delay. The second is a thorough check of the land registry status before payment, including the existence of seals (plombas) that signal requests already „in line". The third is caution when making payments: do not pay large sums before the legal position is secured, for example, by using a notary deposit where appropriate.

If all prerequisites for full registration are not yet met — for example, if a proper document for registration is temporarily missing — a place in line can still be secured by a pre-registration (predbilježba). A pre-registration is a conditional entry that preserves the priority order and is subsequently justified when the remaining prerequisites are met. Additionally, in more complex cases, it is worth considering the annotation of priority order and, generally, professional assistance in handling registrations. The common thread of all these measures is the same: the right of ownership does not become secure by signing a contract, but by timely and correct securing of a place in the priority order of the land register. In practice, these tasks are handled by the land registry department of the competent municipal court.

Professional advice: Align the moment of payment of the purchase price with securing your place in the priority order — payment before your position in line is secured is the greatest single risk in this part of the purchase.

How Regent Real Estate Agency Can Help You

As a licensed real estate broker, checking the ownership and encumbrance status of a property is part of our job and legal obligations. At Regent, we assist you in a thorough check of the land registry status before purchase — including existing entries, encumbrances, and seals (plombas) — and in coordinating the steps that secure your position in the priority order. For the drafting of documents and the execution of registrations, we collaborate with public notaries and lawyers. To ensure a safe purchase without unpleasant surprises in the land register, see how we guide you through the purchase process or contact us directly.

Frequently Asked Questions (FAQ)

What is the priority order of registration in the land register?
The priority order is the sequence in which rights to real estate are entered into the land register and according to which their mutual precedence is determined. When multiple rights compete on the same property, the priority order decides whose right has precedence — based on the principle that the one who requested registration earlier has a stronger right.

Does the priority order determine the contract date or something else?
Not the contract date, but the moment the proposal for registration reached the land registry court. A buyer who concluded the contract later but submitted the proposal for registration earlier may have precedence over one who concluded the contract earlier but delayed with the registration.

What is a seal (plomba) and what is its connection to the priority order?
A seal (plomba) is a visible mark in the land register indicating that a procedure is underway that could change the state of the entry. It is a trace of the moment the proposal was submitted and thereby shows the place that request has taken in the priority order. A seal (plomba) on a property you are buying is a sign of caution as it indicates an already initiated registration.

Why is the priority order particularly important for the buyer?
Because it determines whether the buyer's right of ownership is secure. By promptly submitting a proposal for registration, the buyer secures a place in line and protects themselves from double selling or subsequent registration of encumbrances. Delaying registration leaves room for another party's right to gain precedence.

What is an annotation of priority order?
It is a mechanism by which a place in the sequence is secured in advance for a future registration of a certain right. When the registration is later carried out, it receives precedence from the moment of annotation, not from the moment of the registration itself. It is useful in more complex transactions where time passes between agreement and final registration. Specific conditions and deadlines are regulated by law, so they should be checked with a public notary or lawyer.

How can I, as a buyer, protect myself regarding the priority order?
Submit the proposal for ownership registration as soon as the conditions are met, thoroughly check the land registry status and seals (plombas) before payment, and align the moment of payment with securing your position. In more complex cases, consider a pre-registration (predbilježba) or annotation of priority order, and professional assistance in handling registrations.

Recommended

• Seal (Plomba) on the Title Deed
• Registration of Real Estate in Croatia: What it is, How it Works, and What You Need to Know
• What are a Title Deed, Land Register, and Cadastre, and How to Read Them
• How the Real Estate Purchase and Sale Process Works in Croatia — Step by Step