1. WHO CAN APPLY FOR INFORMATION: IS THE LR ABSOLUTELY PUBLIC OR NOT?
The land register is composed of register parts, a land registry journal and a land registry file:
- there is a separate register part for each immovable which sets out entries regarding that immovable. Real rights in immovable property are created, amended and extinguished by making an entry;
- the land registry journal sets out the applications submitted to the land registry department by which an entry in the land register is requested to be made;
- the land registry file shall hold the documents submitted on the immovable.
Register parts, a land registry journal and a land registry file are kept electronically. The register parts of the land register are public. Anyone may access a register part and take extracts.
Land register file can be seen only upon the existence of a legitimate interest. Owner of the property, notary, bailiff and institution of judicial superintendence do not have to verify their legitimate interest.
Land registry journal can only be used by land register departments.
2. WHERE CAN BE FOUND THIS INFORMATION:
Register parts and land registry files can be seen in land register departments, in notary´s bureau (starting 1st of August 2010) or through the central database maintained by Centre of Registers and Information Systems. One can also use information service provided by Centre of Registers and Information Systems.
3. HOW TO OBTAIN IT:
Searches can be made by:
- cadastral register number,
- name of owner,
- personal identification code / registry code,
- name of registered immovable,
- property number of registered immovable,
- land registry district.
Inquiry to land register department or to the notary can be made in free form by sending an e-mail or a letter. Enquiries can be made both in Estonian and in English. Then making an enquiry by central database or through state portal eesti.ee (owners only) the answer will be given immediately. Enquiries made to the notary or land register departments can take up to 30 days (it depends on the size of the enquiry).
In land register departments inquiry is free of charge. Owners can also see their real rights free of charge through state portal eesti.ee. Then making an inquiry to the notary one must pay notary fee.
According to the Regulation no. 8 «Data processing centre of the land register» of the Minister of Justice of 22 January 2001 the inquiry fee is 0,63€ for each inquiry made per each inquiry object. VAT (20%) is added to the service fee. The inquiry object is the land register part opened per each registered immovable:
|Digital data of the 1st division «Composition of the registered immovable»||0,63 €||0,76 €|
|Digital data of the 2nd division «Owner»||0,63 €||0,76 €|
|Digital data of the 3rd division «Encumbrances and restrictions» and the 4th division «Mortgages»||0,63 €||0,76 €|
|Whole register part||1,89 €||2,27 €|
In issue of the data needing additional processing the inquiry fee is calculated on the basis of the actual time spent on preparing the answer with the minute exactness, proceeding from the price of 19,81 € machine hours.
Upon the request of the inquirer the digital data of the land register are issued to the latter on magnet medium or the excerpt of the computer data by mail, the price of the magnet medium or postal expenses are respectively added to the service fee..
4. WHEN DOES THE EXCERPT ISSUES?
There is no time limit then the excerpt can be issued. If there is an unsolved registration application, the excerpt of the register part will include a reference to the submitted application (seal). The seal consists of the consecutive number of the land registry journal and the year. In case the registration application is submitted by the notary, the seal will also provides following information: name of the notary and number of the document. The seal is visible upon accessing the land register and on the print-out. The seal will be deleted after making a registration entry or after the negative ruling on entry is entered into force.
5. WHAT IS THE VALIDITY PERIOD OF THE EXCERPT FROM THE LAND BOOK?
Land Register is maintained electronically and is legally valid (has legal effects). The excerpt from the Land register reflects the legal status by the moment of issuing and gives legal effect to the excerpt made at that moment.
6. WHERE CAN THE EXCERPTS FROM THE LAND BOOK ARE USED?
Excerpts from the land register can be used everywhere. Public institutions, notaries, courts etc have access to the land registry database and usually take the excerpts from there themselves. One can also order a certified copy of the excerpt if necessary.
7. HOW TO IDENTIFY THE IMMOVABLES?
All immovables entered in the land register have a separate and unique number (registered immovable number).
8. LR AND CADASTRAL RELATIONSHIP:
In Estonia there is an inter-institutional collaboration between land register and cadastre. Land register is electronically connected to the cadastre, both land register and cadastre exchange data electronically.