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)?
A real folio in Land Register can be opened by:
– A flat
– A piece of land
– A piece of land with a building
– An independent building property
– Non-residential premises
A cadastral number is given to a real property. Property can consist of several units, each of have a separate cadastral denotation.
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)?
If a parcel is being divided into smaller parcels then in the old folio and new folio are references on what has happened to a given plot and where did it came from.
If a house is divided into flats, then subfolios are created (subfolios are exclusive for flats) and in the main folio there are references on what folio (number) has been created for the flat in question.
3. What is the legal criterion that defines the object of land registration (Please select all possibilities, applicable to your system):
In accordance to Land Register Law corroboration are expressed in entries (articles) and notations.
Rights to immovable property which are based on a lawful transaction, a judgment or a decision of a court or a statement of administrative institutions, or which exist on the basis of the law itself are corroborated in the form of an entry; changes and extinguishing of the referred to rights shall be corroborated in the same way.
The security and restrictions of rights shall be corroborated in the form of notations.
The following is entered in the form of notations:
- The proclaiming of an owner as an insolvent debtor;
- The bringing of attachment proceedings against an immovable property;
- The establishment of trusteeship over an owner due to mental illness and a dissolute or spendthrift lifestyle;
- Court decisions regarding security for a claim;
- Until the substitution of notations with entries, and claims from administrative institutions and officials, to which the law has assigned an irrefutable nature;
- The submission of complaints regarding decisions of a judge of a Land Register department – until the settlement of such complaints in accordance with prescribed procedures;
- With the consent of an owner – everything which may be corroborated in the form of entries until the elimination of such obstacles due to which such corroboration is not possible; such notations shall be entered in the part and section in which the corroboration would be written in the form of an entry; and
- The restrictions of rights and the security of rights for which the form of notations has been specified in other laws.
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?
A single identification number – folio number, identifies each Land Registry entity (folio).
Flats also have subfolio numbers. It is created, maintained and written off by each Land Registry office.
Historical folio numbers can duplicate – one must take into account also the Land Register territory (Land Registers shall be established separately for each parish and each city, which is located in the district of a Land Register department.).
For example current numbering system creates folio numbers as 100000536665 (always 12 digits) while historical numbers can be as simple as 1, 2.
To always identify a folio one must know administrative territory and folio number (only folio number if from current numbering system).
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 d
The information is always presented as a single immovable property. Folio contains all the information in connection with the property in question.
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?
Contracts per se would not be presented as they are stored in Land Register archives (digitalization is in process) and in accordance to Land Register Law third persons have restricted access to the archives of Land Register.
3. Please explain the main obstacles and/or opportunities to adapt the land registry information to a scheme based on the immovable asset.
There would be no problem in adapting to a scheme based on the immovable asset as this is the way as it is done already – a property – on which the folio is created is the basic element.