The legal effect of the L.R. information

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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?

The Land Registry information sheet contitutes, under law, a public document with full probative value and an authentic act. All documents and excerpts issued and signed by the Land Registrar are of the same nature and have the same value.

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?

The information provided by the Land Registry is presumed by law to be true and accurate.

3. Are there any hidden liens?

There are no hidden liens.

4. What effect does the issuing of the excerpt from the Land Register has over the land registry system?

Not applicable

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?)

The excerpt from the Land Book reflects the legal and technical status of the immovable at the moment of issuing and, therefore, has no effect on the land registry system as far as future registrations are concerned.

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?

The excerpt from the Land Book is a document proving the registration, but it is not necessary for the assignment as such of a property right of an immovable. The assignment of a right is the result of the fact of the registration, which can also be proved by other means if such proof is necessary. In other terms, registration in the Land Registry has constitutive results, the right exists only if registered, whereas the excerpt of the Land Book has probative force.

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?

The law does not provide for a special excerpt for real estate transactions. All excerpts and certificates issued by the Land Registry produce the same effects.

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)?

See answer on question 6