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 article 4 par. 1 of law 2664/1998 regulating the National Cadastre, “Objet of cadastral registrations can only be registrable rights concerning immovable property in the sense of article 948 of the Civil Code and any other self-sufficient, attached to the ground, objet of ownership”. Article 948 of the Civil Code provides that “Immovable things are the ground and its components”.
Based on the above, in the cadastral system only an immovable asset can open a folio, that is a piece of land (independently of the use of it), a building, a flat, anything attached to the ground that is considered a self-sufficient asset attached to the ground.
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?
– A piece of land which had been segmented from a bigger one
– A house built on a registered plot or parcel.
– An apartment in the previous registered house, following a condominium situation
Please provide more cases according to your system.
The above are the most common cases in which an immovable asset is being separated from a bigger one previously registered and creates a new entry in the system and a whole new cadastral sheet.
In these cases the cadastral numbers are different but with reference to the initial one (i.e. a flat has the same cadastral number as the plot of land but with the addition of extra digits referring to the specific flat).
3. What is the legal criterion that defines the object of land registration (Please select all possibilities, applicable to your system):
The legal criteria which define the object of land registration are basically two: the nature of the asset (it must be an immovable) and the nature of the right (it must be a right of those that the law characterizes as registrable rights).
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?
Each land registry entity is identified by a cadastral number (KAEK) which is unique nationwide.
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?
For instance, a specific cadastral number for a plot is: 05 023 07 17 014 / 0 / 0
05 states the Prefecture
023 states the Municipality
07 states the so-called Cadastral Section
17 states the so-called Cadastral Unit
014 states the number of the plot
0 means that there is no “vertical ownership” (meaning separate buildings in the plot)
0 means that there is no “horizontal ownership” (a building of flats in the plot)
If there is a condominium established, the number for a flat could be:
05 023 07 17 014 / 0 / 5
Which other information is needed for a easy and complete identification of the entity? (please select all possibilities, applicable to your system):
Complete address (street, number, and municipality) and surface of the asset.
(Note that searches in the cadastral real folio system are also possible by name of the owner/beneficiary)
Land registry organized under the personal folio criteria,
1. Is it possible to present the information, referred to a single immovable property ? If yes, how? Which is the connecting factor? Please describe into detail.
In traditional LR based on the personal folio, all information provided always referes to a specific immovable property. The connecting factor is the title of ownership.
Thus, a certificate of encumbrances is issued with reference to a specific property as it is described in a specific title, and the legal control concerns all previous owners (since the encumbrances burden the asset independently of the person of the owner).
2. With regard to a certain immovable asset, could all available information (contracts, et cetera) be presented? Could you please describe what information can be presented and what (possibly) can not be presented?
With regard to a specific property, as it is mentioned and described in a specific deed, all available information can be presented with reference to the owner according to the deed.
Only the certificate of encumbrances is issued after checking all the previous owners, always in relation to the asset described in the deed. (Practically, the applicant asks for information from the folio of a certain person in relation to a specific asset described in a specific deed).
3. Please explain the main obstacles and/or opportunities to adapt the land registry information to a scheme based on the immovable asset.
The Greek LR system is already in a phase of transformation from a person folio system to a real folio cadastral system. The procedure has been so far proven to be very complicated and slow since the new system was not based upon the old one, but upon new declarations of property rights by the citizens.
If the information in the land registries of the country, which is the only legally valid, had been the basis of the transition, the project would have certainly progressed more and the cadastral registrations would have been more accurate.