Land registry based on the real folio principle.
Some land registration systems consider any immovable asset, regardless its nature or situation, a subject matter of registration. Others restrict the concept only to those specified by law, or even create legal fiction of immovable assets with regard to the registration in the land registry.
1. Is there any specific provision in your law that regulates what can create a new land registry file (a new folio)? Could you please state that provision? What is the basic unit in the land registry? What can open a folio? Only Immovable assets by nature, or also immovable assets by legal fiction (by disposition of law)?
Always a piece of land?
No, we have different exceptions to the need of a parcel to open a landbook unit;
• A cadastre parcel
• A house
• Superädificat, building law, (wine-)cellar, Presshaus (ancient wine production building)
2. Could an immovable asset, being part of a bigger immovable asset already registered, be separated in the land registry by opening a new file (a new folio)?
How are these situations organized: is there any link or connection between different real folios?
A house built on a registered parcel; (Building law construction).
3. What is the legal criterion that defines the object of land registration (Please select all possibilities, applicable to your system):
• The nature of the asset
• The object of the contracts
• Legal relationships
4. Identification of the LR entity: Is each land registry entity identified by a single identification number? Is it created, maintained and written off by the Land registry organization?
The entity (landbook units) is created by the land registry organization (district court).
5. If a Land Register identification number is applicable to your situation: could you please describe the way this LR ID number is structured. Could you please share a (specimen) identification number?
Cadastral Unit (part of a municipality) (5 digits)
Example: 18116 (Obernalb) and the number of the landbook entity: 1969 (set by the registry organisation – see excerpt above: “Header”).
6. Which other information is needed for an easy and complete identification of the entity? (please select all possibilities, applicable to your system):
• Registration data
• Entity data (mentioned above)
• Cadastral unit and parcel number
• Municipality (number) and address of the parcel