The legal effect of the L.R. information
1. What is the probative value of the LR information sheet? Does the national law provide it with special legal nature, like a public document or authentic act? Are there different types of LR information with different degree of value?
Estonia has a system of a strong land register which ensures the legal certainty of immovable property ownership and hedges risks of immovable property transactions because:
- the real rights related to a registered immovable are made public through the land register and nobody can be excused of nescience of the data of the land register;
- real rights in immovable property are created, amended or extinguished by making a respective entry in the land register and they can be relied on upon making transactions;
- entries regarding a registered immovable are made in the order of registering applications in the land registry journal;
- the rights entered in the land register can be amended only on the basis of the application or consent of the owner of the right or through judicial proceedings.
Everyone may access land register and take extracts therefrom. Extracts can also be certified copies made by the land register departments or by the notary, but it is not obligatory to take certified extracts since information is available for everybody.
Ceryified copy does not have different degree of value, they also provide information about entries made in the land register at the moment of printing.
2. What is the degree of reliability of the information? Which are the effects given by the legal provisions in each country to this information, should it be necessary to carry out further investigations?
One should always investigate the accuracy of entries by using the enquiry system.
3. Are there any hidden liens?
One must remember that there can be some hidden liens created on the basis of law (e.g in cases of the right of pre-emption).
4. What effect does the issuing of the excerpt from the Land Register has over the land registry system?
The description of the hidden liens is not exhaustive.
5. Is an excerpt from the Land Register necessary and sufficient for the assignment of the property right of an immovable (regarding the information provided by the Land Registry?)
No, issuing of the excerpt from land register has no effect.
6. Does the excerpt from the Land Register issued especially for real estate transaction have different effects from the excerpt from the Land Register normally issued?
There is no need to have excerpt from the land register when one concludes a contract of the property right of an immovable. Notary makes all the necessary inquiries.
7. Does the excerpt from the Land Book issued especially for real estate transaction have different effects from the excerpt from the Land Book normally issued?
Estonian land register departments do not issue excerpts from the land register specially for the real estate transactions.
8. Is the excerpt from the Land Book necessary and sufficient for the assignment of the property right of an immovable (regarding the information provided by the Land Registry)?
Estonian land register departments do not issue excerpts from the land register specially for the real estate transactions. Notary makes all the necessary inquiries.
