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)?
According to Land Register Act subsection 5 each of the following, if entered in the land register as an independent unit, is registered immovable:
– An immovable (plot of land);
– Right of superficies;
– Apartment ownership;
– Right of superficies in apartments.
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?
Immovable may be merged into one immovable, or an immovable may be divided into several immovables. If upon division of a registered immovable the formation of a new registered immovable from a separated part is desired, the land registry department shall open a new register part.
The former register part shall indicate the decrease in area as a result of the division and the new registered immovable number. The new register parts shall refer to the number of the former register part.
If a part of a registered immovable is joined with another registered immovable, an amendment is made to both registered immovable entries and the numbers of both registered immovables are noted therein.
Upon merger of several registered immovables into one registered immovable, the register part for a registered immovable being merged is closed in the register, and the registered immovable with which the registered immovable is merged is noted in the closed part.
The increase in the area of a registered immovable and the number of the closed register part are noted in the register part that continues to be maintained.
The register number is not linked or connected to other register number but it is possible to develop that kind of function in the future.
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? is it a unique nationwide number?
An independent register part is opened for each immovable entered in a land register and a separate number (registered immovable number) is assigned thereto. The number is unique in Estonia and created automatically by the electronical Land Registry system.
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?
New register part number is given in a row – next free increasing number and at the end is added two numbers which point to the area of immovable property. From 1st January 2015 there will not be areas, all new register parts get same two numbers at the end of running 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
– County (until 31.Dec 2014. From 1. January 2015 this information is not needed).