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)?
As has been said earlier, the basic part of the land register is the LR extract, where one LR entity is entered, and can constitute one or several cadastral parcels. A new LR extract is opened, for example, when one of the cadastral parcels from the existing extract, when it is encumbered with a mortgage, for instance, is written off into a new LR extract. A new LR extract is also opened for the building right, legally considered as property.
In accordance with the principle superficies solo credit, all that is permanently joined with land constitutes integral part of the property.
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 piece of land which had been segmented from a bigger one
A house built on a registered plot or parcel.
An apartment in the previous registered house, following a condominium situation
Please provide more cases according to your system.
To separate part from the existing property and carry out subdivision, it is necessary to create a geodetic report and implement the report in the cadastre, and then in the land register. After that, the newly-formed property may be separated (written off) from the existing LR file and entered in the new one opened for it.
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
Is there a connection between the object of the legal traffic and the land registry entity? If so, could you please describe this connection
Only a whole land registry entity or an ideal co-owned part thereof, cans the object of legal traffic. For instance, if the owner of a land registry entity consisting of a number of cadastral parcels wants to sell or encumber one of the properties, they have to write off that property from the existing LR file, add it to an existing one or open a new LR file.
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?
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?
Which other information is needed for a easy and complete identification of the entity? (Please select all possibilities, applicable to your system):
• Registration data
• Tax office
• Each main register contains the properties of a cadastral municipality, with each property having its own number. In any case, if the client knows the cadastral municipality and the name of the cadastral parcel, or the number of the LR file, the property can be easily identified.