Preventive control of legality

1. Do Land Registrars or Land Registries carry out a legal scrutiny or assessment of the documents or applications submitted or (conversely) are registered without a previous examination?

Yes, land registrars carry out a legal scrutiny of the documents or applications submitted.

2. What does the object of the LR assessment consist of? Are the documents presented and the content of the registration books or land books (or any other books or lists of your LR organisation) the only elements that land registrars bear in mind for carrying out their assessment and then to accept registration or not?

Content of documents which have to be presented are only elements to accept registration. Documents must fulfil all legal requirements.

What is the situation in your LR system?

They can only examine strictly documents once presented and the land books content. Having studied both, they decide if accept the registration or if they refuse it. LR registrars cannot rely on different means in making decision.

3. Otherwise, the correct answer with respect to your LR assessment would be:

LR system does not accept documents that don’t fulfil all legal requirements.

4.  A specific case: let’s consider an application for registration based on a document or deed with lack of legal prerequisites.  What would your LR response be?

That’s a reason of reject or abeyance the application for registration whereas the defect isn’t corrected.

5. In case of rejection or abeyance of a document, does your system provide legal possibilities to request a review to the parties or stakeholders? Do they have legal possibilities of appealing the Land registers’ decision? Please, describe the procedures if applicable.

Our system provides legal possibilities to request a review. There is legal possibility of appealing the LR decision. Clients submit appeal to the LR, and than LR sends it to the Cantonal Court.

6. Must registrars or LR offices do their assessment within deadlines? If applicable, is it mandatory for registrars in charge or is it rather a guideline?

LR registrars have to do their assessments as soon as possible. Qouta is 100 cases per month.