1. LR territorial organisation. In your LR system, applications of registrations or documents for registration must be presented, lodged or taken to:
In Land Registry system in Latvia apllications of registrations (corroboration requests) must be lodged to a local Land Registry Office. There are currently 27 Land Registry Offices in Latvia.
2. Please, indicate those means whereby one can present applications or documents in your LR Offices and point the main features.
These requests can be lodged either personally or via mail. Electronically signed documents currently are not accepted (it is possible to cancel a pledge electronically; this is only available to certain banks). Although the request can be lodged by any person, even one that is not a involved party, the Land Registry certificate and any other documents can be taken out only by the owner.
3. Does the fact of the presentation of the document (or application for registration) lead any type or entry or annotation in the LR Office books?
The application for registration leads to reservation of priority. Also a note is added to a folio in question stating, that a application of registration is presented on a certain date.
4. In case of presentation based on temporary or provisional entries, please point specifically deadlines of them and also main features.
This note stays until the judge’s decision is made. Usually it states that on a certain date a certain type of corroboration request is presented with no additional information.
5. Is the payment of taxes a necessary condition or prerequisite for making the registration?
It is a necessary prerequisite to pay both state and stamp duties before the corroboration request can be accepted in Land Registry Office.
6. Is it possible to digitally submit documents to the land registry? Are there any restrictions with regard to the type of document that can be digitally submitted or is digital submission possible for all types of documents?
Yes, it is possible. However, there are certain restrictions set in the Land Registry Law, art.561.
A request for corroboration, which has been signed in accordance with the procedures laid down in the laws and regulations regarding electronic documents, shall be submitted:
- by the credit institution (also the capital company the legal grounds for operation of which are determined by the Law on Development Finance Institution) for the benefit of which the pledge right has been corroborated in the Land Register – regarding extinguishing the mortgage and restrictions of the rights related thereto;
- by the credit institution for the benefit of which the pledge right is to be corroborated in the Land Register – regarding corroboration of the mortgage and restrictions of the rights related thereto in the cases of transition of a credit institution undertaking laid down in the laws and regulations governing the operation of a credit institution;
- by a sworn bailiff – regarding entering, changing or extinguishing a notation;
- by an administrator of insolvency proceedings – regarding entering, changing or extinguishing a notation;
- by a State or local government institution, if the request for corroboration is justified by a document issued by such institutions, except a request for corroboration regarding plots of land belonging to and under jurisdiction of the State or local government, on which transport infrastructure objects of public use are located, and plots of land, which are located in the port area;
- by a sworn notary, if is the corroboration is based on a notarial deed prepared by such sworn notary.
In accordance with the procedures laid down in the laws and regulations regarding electronic documents, a request for corroboration:
- may be submitted by the persons referred to in Section 60, Paragraph two of this Law, if the conditions of Section 60, Paragraph two of this Law have been met;
- shall be submitted by a sworn notary, if the signature of the private individual on the request for corroboration has been certified in accordance with the procedures provided in Division E1 of the Notariate Law.
A request for corroboration signed in accordance with the procedures laid down in this Section shall be submitted through the special online form available on the website of the State Unified Computerised Land Register www.zemesgramata.lv or data exchange between information systems, or the official official electronic mail address.
- Which form of submission is used more frequently – digital or non-digital? If possible, could you please provide an indication in percentages?
In 2019 about 190 000 submissions were in paper form, 89 000 – in electronic form.
7. Are there any restrictions to the digital submission of documents? For example, is it necessary that the person offering the document for registration has a validated digital signature?
Yes, the corroboration request to be submitted should have a qualified electronic signature and has a valid time stamp. If there are any additional documents to be submitted for example a payment copy, that does not have to be electronically signed.
8. Is it still possible to submit paper documents to the land registry?
9. Is it cheaper/more expensive to offer paper documents to the land registry? Could you provide a price indication for the registration of a deed of transfer (both digital and on paper)?