Are Land Registry and Cadastre different institutions?
Land Registry and Cadastre are different institutions. Land Registry is maintained by Land Registry departments of county courts, Cadastre by Estonian Land Board.
The objective of maintenance of cadastre is to register information reflecting the value of land, the natural status of land and the use of land. The role of Cadastre is also to ensure the quality and preservation of such information and that it is preserved and made available to the public. Cadastral data is the basis for creation and development of information systems containing spatial data.
The role of Land Registry is to maintain information about immovables and related real rights.
Cadastre information is entered in the first division of register part called Composition of Registered immovable and it consists of:
- The cadastral code of the registered immovable;
- The specific purpose of the registered immovable;
- The location of the registered immovable;
- The restricted real rights established for the benefit of the registered immovable;
- The area of the registered immovable;
- The merger and division of registered immovables, as well as the joining of a part of a registered immovable with the registered immovable, or separation of a part of a registered immovable from the registered immovable.
The cadastral code is a link to Cadastre information system. One can easily see cadastral information by clicking on it. There are no plans on paper and since 2010 there is no need to add plans to the registration application (first registration, division etc), since Land Registry and Cadastre change information electronically.
Land Registry is electronically connected to the Land Cadastre and the Registrar gets all the necessary cadastre information for maintenance of division I of the Land Registry electronically. The cadastral registrar also gets all the necessary information for maintenance of the cadastre from the Land Registry electronically.
Third division of register part called Encumbrances and Restrictions give the following information:
- Restricted real rights encumbering the registered immovable, except a mortgage, restrictions on immovable property ownership and notations concerning the restrictions.
- Restrictions on the right of disposal of the owner of the registered immovable and other notations concerning ownership.
- Amendments and deletion of entries specified above, including restrictions on disposal of the rights of persons concerned.
But information entered in the register part may not be exhaustive, since there are limitations or restrictions based on legal acts.
Information about some restrictions may also be found in Cadastre (e.g. engineering structures etc).
Urban restrictions are not recorded in the Land Registry.
All information entered in the register part can be seen through online service. There are also a links to Cadastre Information System and Building Register (redirected access to the relevant Registry).
Land Registry gives information about immovables and related real rights. Register part gives the following information:
- General information (land registry jurisdiction, registered immovable number, name of the registered immovable if it exists).
- Information about composition of registered immovable (cadastral code of the registered immovable, specific purpose of the registered immovable, location of the registered immovable, restricted real rights established for the benefit of the registered immovable, area of the registered immovable, merger and division of registered immovables, as well as the joining of a part of a registered immovable with the registered immovable, or separation of a part of a registered immovable from the registered immovable.
- Information about the owner.
- Inromation about encumbrances and restrictions.
- Information about mortgages.
There is no graphic report about the property, but one can find information about the legal situation and effects.
Information entered in the register part is described above. Additionally one can get information from the registry file (documents) on the basis of the legitimate interest.
The Registrar has to make sure that all necessary documents are submitted and that they are in correct form. The Registrar also makes sure that it is possible to make a registration upon the registered application.
Does the registrar scrutinies , in addition, the total or partial non-coincidence of the graphical bases with others previously registered?
Registration application and a real right contract are required. One do not have to submit contract of sale or other private documents. Usually the contract of sale and real right contract are in the same document and they are submitted together, but there is a possibility to submit only an extract of the document.
Electronic documents are submitted and about 99% of all documents are in electronic form.
Is the Registry responsible for the veracity of the information if is wrong?
Yes, if the information is wrong due to the Land Registry.
Are the effects of Registry publicity regarding the property and the charges different to the restrictions of public domain?
No, the effects are the same.
In case of first registration of the plot of land neighbouring owners usually take part of cadastral proceedings, not Land Registry proceedings. Before opening a register part for an immovable which has not been entered in the Land Registry, a Land Registry department publishes a notice thereof in the public gazette Ametlikud Teadaanded. If neighbours do not agree with the first registration, they may file a complaint.
If the boundaries are changed after registration of an immovable, a real right contract between neighbour(s) or consent of neighbour(s) must be added to the registration application. Neighbours also take part in cadastral proceedings.
In case of registration apartment ownerships owners of all apartments take part of first registration except the cases of privatization.