Status of the Land Registrar in each country

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What is the status of the Land Registrar in your country:

The Land Registrar is a civil servant recruited by internal procedures among the Agency’s employees. It is not requested a degree in Law.

a) Who is responsible for performing the act of registration of property rights?

The Land Registrar, when performing his/her activity, is responsible for damages only in case of fraud or gross negligence. In the other cases responsible is the Agency.

b) In case of doubt/appeal, who decides?

The Law provides different remedies when the land registrar refuses the application (only in some specific cases provided by Law) or has doubts regarding the execution of the transcription according to the Law. The applicant can claim the court (voluntary jurisdiction) the decision on the single case.

 c) Must he/she have a legal educational background?

Not necessarily.

d) Could you characterize the act of registration as a purely administrative duty or a quasi-judicial one?

Even if the Italian Land Registrar enjoys more limited powers than his/her European colleagues, it can be said that his/her activity is not a purely administrative one. In fact, the Land Registrar performs a deep juridical control in order to ensure the legal correctness of the registration.

e) Is the Land Registrar independent in his/her decision making? If yes, how does your legal system assures such functional independence (i.e. the decisions are only challenged before a court).

The Land Registrar is independent in his/her decision making. As said before, his/her decision can be only challenged before a court.

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