Breach of a pre-emption right does not itself invalidate the transfer. It is a ground of relative invalidity: the transfer is regarded as valid until the affected person invokes invalidity. Invoking it is a substantive legal act that must be addressed to the parties concerned, not just the land registry. Without that step, the transfer stands even though no offer was made.
An unfamiliar name appears on the title sheet. Someone else bought your neighbour’s share, and nobody offered it to you. The law gives you a remedy, but it is designed to require your active intervention.
The transfer is valid until you act
When a co-ownership share is transferred, co-owners have a pre-emption right unless the transfer is to a close person (Section 140 of the Civil Code). Breaching this duty does not, however, create absolute invalidity:
Unofficial English translation:
Where a ground for invalidity of a legal act arises under Sections 49a, 140, 145(1), 479, 589 or 701(1), the act is regarded as valid unless the person affected invokes its invalidity.
The transfer therefore remains valid and the buyer becomes a co-owner. Nothing happens automatically, and the land registry does not intervene on its own. The position changes only when the overlooked co-owner invokes invalidity.
Invoking relative invalidity is a substantive legal act that must be addressed to the parties to the affected transaction: both seller and buyer. A complaint to the land registry does not replace it. A person who caused the invalidity cannot invoke it.
What this means in registration proceedings
If registration proceedings are ongoing, the district office also considers factual and legal circumstances that may affect permission to register (Section 31(1) of the Cadastral Act). A submission by the overlooked co-owner is therefore not meaningless. How the office responds depends on the particular case, and practice varies in borderline situations.
Securing suspension of proceedings is often more effective. Suspension occurs, among other cases, when proceedings on a preliminary issue have begun (Section 31a(a)), typically court proceedings on the transfer’s validity, or when an interim injunction prohibits dealings with the property (paragraph (e)).
Once registration has been permitted, the situation changes fundamentally. A decision permitting registration cannot be appealed, reopened or reviewed outside appeal proceedings (Section 31(5)). Further action must be through the courts.
When no offer was required
Before litigating, check two things.
Transfer to a close person. The pre-emption right does not apply to transfers to a close person: a direct-line relative, sibling or spouse, or another person in a family or similar relationship where harm to one would reasonably be felt by the other as their own (Sections 116 and 117). A transfer to a nephew or to a company owned by a relative is more contentious.
Special regimes. A share in common property in a land community is governed by its own rules, and the general pre-emption provision does not apply between co-owners. We discuss this in selling a share in a land community.
What outcome should you expect?
Even successfully invoking invalidity does not automatically make you the owner of the share. It addresses the transfer’s validity; it does not transfer the share to you. Alongside that step, it is therefore worth considering whether applying directly for termination and settlement of co-ownership would be more effective. That can resolve the situation permanently rather than merely restoring the previous position.
How we can help
We first establish the stage reached, since everything else depends on whether registration proceedings are ongoing, registration has been permitted and an offer was truly omitted. We do this through property legal due diligence. We prepare the notice invoking relative invalidity so it is correctly addressed and demonstrably delivered. If court action follows, we provide representation in litigation. If ending co-ownership altogether is the more sensible objective, we handle settlement of co-ownership.
If an unfamiliar name or pending-change marker appears on your title sheet, contact us immediately. While registration proceedings continue, you have options that will no longer be available afterwards.
This answer provides general information on the law as at 16 August 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.
