Effective legal protection
1. Enchained title and protection: Let’s suppose that someone appears as seller in a document or application for registration. However he’s not entitled to sell in accordance with the LR registration books or land books because precisely the registered owner is a different person who has nothing to do with that one. What would your LR response be?
Registration application will be registered. Registrar makes sure that all required documents are submitted and it is possible to make a registration upon the registered application. If not, the Registrar makes a ruling on the denial of the application. One can submit an appeal.
2. Entitlement to alter or modify LR terms. In your LR system, the entries or registrations in the Registration books or land books on the registered properties can be modified?
Usually entries are made only with the consent of the person whose right entered in a register part would be violated by an entry (the person concerned). Usually it is the registered owner, but it can also be owner of the real right etc. Upon judicial resolution or law (e.g. bailiff can apply for registration of notation concerning prohibition without a consent of an owner) the consent of the person concerned is not needed.
3. Notifications. What sort of notifications for parties or stakeholders do LR offices deal with legally?
Numerus clauses principle is valid . Types of notations are:
- preliminary notation – to secure a claim for the acquisition or deletion of a real right, for the change of content or ranking of a right, including a future or conditional claim;
- objection – to secure a demand for the amendment or deletion of an incorrect entry in the Land Registry;
- notation concerning prohibition – for the complete or partial prohibition of the disposal of ownership or restricted real right;
- notation – for the demonstration of other circumstances, the entry of which in the Land Registry is permitted by law.
