1. How many stages are there in the conveyancing process?
The whole process for a simple property right transfer is:
- Signing of purchase agreement;
- Certification of the corroboration request by notary;
- Submission of corroboration request in Land Registry Office and payment of duties.
- Receiving of Land Registry certificate (optionally).
2. How many other agencies/departments/registers etc. must be dealt with or checked prior to signing a legal transfer or mortgage?
It depends on the transaction in question. In the simplest cases only notary has to be dealt with.
3. Who is responsible for dealing with other departments/agencies?
If the information cannot be accessed via connected registries from other agencies/authorities, then this is the responsibility for both parties to deal with the institutions.
4. At what stage of the overall conveyancing process is your organisation involved
Land Registry offices are involved in the final act of registration only.
5. Is any or all of the conveyancing process dealt with electronically?
At the present, the whole conveyancing process basically takes place in paper format.
6. Is any or all of the registration process dealt with electronically?
Currently only request for cancellation of mortgage can be submitted electronically.
7. When a deed/document or land registration form is lodged for registration, what is the general procedure involved in registering the effect of the deed?
- Corroboration request is registered in journal;
- Allocation of cases for judges is accomplished;
- Requests are examined sequentially according to date and time registered in journal and a decision is made by the judge.
8. How many stages are there in the registration of title process?
Please give examples for the following e.g. registration of a (1) transfer of all property, (2) mortgage (3) change of ownership on death where the estate has been administered if applicable (4) registration of right of way (5) transfer of part of property.
- a) deed of purchase between parties; b) notary; c) corroboration request.
- a) mortgage deed; b) notary; c) corroboration request.
- a) death certificate from Registry office; b) notary; c) corroboration request.
- a) agreement on easement; b) notary; c) corroboration request.
- a) submission of application to State Land Service regarding division of a property; b) corroboration request for registering rights to the new part of the property; c) deed of purchase; d) corroboration request.
9. What kind of entries are in your system?
In folio there are two kinds of entries – 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 entered in the form of an entry; changes and extinguishing of the referred to rights are entered in the same way.
The security and restrictions of rights are entered in the form of notations.
10. What is the average time taken to register a (1) transfer of all property (2) transfer part property (3) mortgage/charge?
In average 5,5 days for transfer of property rights via deed of purchase or registration of mortgage.
11. At what level in the organisation is the final decision to register a title made?
The decision is judge’s to make. No one can interfere; judge is independent and subject only to the law.
12. To what extent are registration decisions in your country taken by a person with a professional qualification? What is that professional qualification?
Land Registry judge has to have a master’s degree in Law with experience in practising it.
13. If registration decisions are not taken by a person with a professional qualification, how are they taken?
14. Is the decision to register a legal, judicial or administrative function (or mixed)?
The decision to register is a strictly judicial function.