Status of the Land Registrar in each country

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

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

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

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

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

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 – who must have a legal educational background (he needs a Law Degree to attend a specific course and must pass an exam to get a qualification as “Conservatore del Libro Fondiario”) – is a Clerk of the court which prepares the case for the Judge. In case of doubt he asks or suggests possible solutions to the Judge. He is always independent in his/her decision making.

The Land Registry procedure is a “non-contentiuous” one, that always ends with a decree of a Judge (Giudice Tavolare), which either approves or rejects the request.

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