Encumbrances (Section C)

MORTGAGE

Original name: ĶĪLAS TIESĪBA (HIPOTĒKA)

Definition of this right: Please see Civil law for full regulation art. 1367-1380

1380 A mortgage gives a creditor a property right in regard to pledged immovable property only after registration in the Land Register.

1368 In order that the registration of a mortgage in the Land Register be in effect, the following is required:

1) that it be registered at the relevant institution (Section 1369); 2) that it be registered in due time (Section 1370); 3) that the claim has the characteristics required for registration (Sections 1371 and 1372); 4) that the immovable property for which the mortgage is registered in the Land Register also has the characteristics prescribed for that specific purpose (Section 1373); and 5) that the forms prescribed by law have been observed in the course of registration.

1369 The registration of a mortgage in the Land Register may only be made at the Land Register office in whose administrative area the immovable property is located. More detailed provisions regarding procedures for registering a mortgage in the Land Register are to be found in the Land Registry Law.

Type of right according to national classification: Security right

MORTGAGE RIGHT IN THE AMOUNT OF THE VALUE OF THE MAINTENANCE

Original name: ĶĪLAS TIESĪBA UZTURVĒRTĪBĀ

Definition of this right: 2100. If immovable property is transferred to the provider of maintenance, then pledge rights in the amount of the value of the maintenance, shall be registered in the Land Register for the benefit of the recipient of maintenance. The periodic value of the maintenance shall be calculated by capitalising the value of gains of one year pursuant to interest set by law (Section 1765).

Type of right according to national classification: Security right

MORTGAGE NOTICE

Original name: ĶĪLAS ATZĪME

Definition of this right: From Civil Procedure Law:

Section 137. Basis for Securing Claims and Content of Application

If there is a reason to believe that execution of the court judgment in the matter may become problematic or impossible, the court or judge may, according to a reasoned application by the plaintiff, take a decision on securing of a claim.

Section 138. Means of Securing Claims

If the subject-matter of an action is a monetary claim, the securing of such claim with immovable property shall be done by entering a pledge rights endorsement in the respective immovable property division of the Land Register, indicating the amount of the sum of the claim to be secured.

Type of right according to national classification: Security right

1.1. With respect to the mortgage liability, the Latvian mortgage system prepares in general two options:

a) Extracts include the global amount including all liabilities due to the loan (loan, interests or other debts). [E.g. The loan is 100,000 € and interest at 20,000 € is agreed. LR extracts indicate that the secured debt is the sum of both concepts, i.e. 120,000€].

1.2. Regular LR information in this system also comprises ordinarily:

1. Deadline of the mortgage.
2. Name of the mortgagee or creditor
3. Name of the mortgagor or debtor
4. Deed whereby mortgage was constituted or awarded

Please bear in mind, that not all of these date are available in structured form but rather in a free text entry in Latvian.

However, there should not be expected any information about contract or basis of obligation guaranteed by a mortgage, deadline of the loan or credit or other contract which is basis of the mortgage.

1.3. With respect to the mortgage rank (preference of the mortgage in comparison with other mortgages or encumbrances), this LR system has the following criteria:

a. Mortgage rank depends on date of registration of the mortgage, so whoever may ascertain mortgage rank taking into consideration the information on the date of registration of the mortgage.

In this LR system these are the following:

SERVITUDE

Original name: Servitūts

Definition of this right: Please see Civil Law for full regulation of servitudes from art. 1130-1259.

aql. A servitude is such right in respect of the property of another as restricts ownership rights regarding it, with respect to utilisation, for the benefit of a certain person or a certain parcel of land.

aqw. The existence of each real servitude requires two immovable properties, of which one is encumbered for the benefit of the other; the first is subject to obligations or servient, while the second has rights or is dominant.

ast. A usufruct is a right granted to a person to receive benefits from, to use and to acquire fruits from the property of another person.

asu. A new servitude may be attached to an immovable property which already bears a servitude only when no loss can result to the prior servitude there from. If mortgages are attached to an immovable property, a servitude limiting the rights of the mortgage creditors may be imposed on such property only with their consent.

aum. A property right arising from a servitude shall be established and effective for both parties, i.e., the owners of both the dominant and servient property, only after its registration in the Land Register; until that time only a personal obligation exists between them, the registration of which in the Land Register may, however, be requested by each party, provided all other provisions necessary for the servitude have been fulfilled.

Type of right according to national classification: Rights of use

REAL CHARGE

Original name: REĀLNASTA

Definition of this right: Please see Civil Law for full regulation – art. 1260-1277.

avl. A real charge is a permanent duty attached to immovable property to repeatedly provide specified performance of money, in kind or by corvée.
avm. A duty to bear a real charge to which immovable property is subject shall, already as a result of the acquisition itself, devolve to every acquirer of such immovable property so that it is not required that he or she specifically assume it.
avn. Sale at auction of immovable property does not terminate a real charge attached to it.
avo. A real charge may be imposed on servient immovable property and on its owner, for the benefit of either a natural or legal person, as well as other immovable property.
avp. A real charge which is established for the benefit of immovable property shall not be separated from it, and shall be alienated only together with it.

Type of right according to national classification: Right of use

LEASE AND RENTAL CONTRACTS

Original name: NOMAS/ĪRES TIESĪBA

Definition of this right: 2112. A lease or rental contract is a contract pursuant to which one party grants or promises the other party the use of some property for a certain lease or rent payment. A contract, which grants the use of a fruit-bearing property in order to gain fruit thereof is a lease, but any other contract granting use, is a rental contract.

Specific provisions regarding residential rental premises are included in the Law On Rental of Residential Premises.

Type of right according to national classification: Right of use

ENCUMBRANCES

Original name: APGRŪTINĀJUMI

Definition of this right: Please see Civil law for full regulation art. 1082-1129.

aop. Restrictions on rights of use regarding ownership may be provided for by law, by court decision or by private volition through a will or contract, and such restriction may apply not only to the granting of various property rights to other persons, but also to the case where an owner must refrain from certain rights of use, or must suffer the use of such rights by others.

Various other restrictions on rights of the use of property not provided for in this Part – for example, regarding mineral water springs, the installation and operation of radio stations, air traffic, parcels of land along railway lines and excavations – shall be provided for in specific laws.

Type of right according to national classification: Right of use

THE RIGHT OF USE / AGREEMENTS WITH OVERLAY

Original name: LIETOJUMA TIESĪBAS / LĪGUMI AR UZLIKUMIEM

Definition of this right: Defines rights in rem, which are set and concluded within a contractual agreement or court ruling, such as the right to live in real estate.

Type of right according to national classification: Right of use

PRE-EMPTION / REPURCHASE RIGHTS

Original name: PIRMPIRKUMA / ATPAKAĻPIRKUMA TIESĪBAS

Definition of this right: 2060. By right of first refusal, a seller contracts for a priority right to purchase a property if the purchaser should resell it. The right of first refusal may not be used where a purchaser alienates a property not by selling it, but otherwise.

Type of right according to national classification:

Observations: Pre-emption rights

This information includes LR entries or notices related to restrictions decreed by judicial orders which mean either a claim on the property, or a challenge on the registered title, or an attachment of the property to debts as a result of judicial procedures, etc.

In this system:

a) Information on judicial restrictions or charges forms part of the regular land register extracts
b) Means of formal publicity ordinarily contains information about the judicial order that leads to the registration of notices or caveats.

For purposes of the information, orders of attachment or seizure decreed by administrative authorities lead to notices or caveats.

Fiscal burdens (tax liabilities falling on the properties and entered in the Land Register) work in this system as real encumbrances.