Previous LR Information

1. In your system, before granting a deed for sale or mortgage, is it compulsory, necessary or convenient to get information from the Land Registry?

In Estonia for the transfer of immovable property ownership or encumbrance of an immovable with real right (mortgage) and for the transfer or encumbrance of a real right encumbering an immovable or the amendment of the content of such real right, a notarised agreement between the entitled person and the other party (a real right contract) is required. According to the Notarisation Act if a transaction concerns a real right entered or subject to entry in the Land Registry a notary must verify the existence of the right of disposal necessary for the transaction beforehand on the basis of data entered in the Land Registry and, if necessary, in the marital property register.

2. What type of information is requested?

Extract of register part gives all necessary information for preparing the contract.

3. Who usually (or legally) deals with requesting this LR information? Public notaries? Solicitors? Interested parties themselves? Banks?

Since a notarised agreement between the entitled person and the other party (a real right contract) is required, notary makes all necessary enquiries. Land Registry information is public, but it is notary´s obligation to make the enquiry.