REGISTRATION OF SALES
1. Documents for sales. What type of documents does your LR system envisage for sales and carrying out their registration ?
A notarially authorised corroboration request is required to carry out registration.
Regarding CROBECO project we can say, that in Latvia’s case a authentic act by public notary is necessary for making registration in Land Registry.
2. Method of registration. Please, indicate which of these circumstances or data form part of the content of the registration annotated in the registration books or land books for sake of a sale or conveyance.
Registration of sales is basically adjusted to the principles above mentioned. Some circumstances, like name and surname of the new owner and a reference to the deed are collected. A copy of the deed is collected too and added to Land Registry archives.
REGISTRATION OF MORTGAGES
1. Please, indicate what main legislation governs mortgages in your system.
There is no notable governing of mortgages in Land Registry system in Latvia. The registration of a mortgage is not constitutive but is performed in almost all cases.
2. In your LR system, is the registration of a mortgage constitutive?
To register a mortgage one must present a notarially authorised corroboration request where the deed of mortgage is attached. The deed itself can be drawn by both interested parties. A paid state duty for registering mortgage is also required.
3. Documents. What type of documents your LR system admits for establishing mortgages and carrying out their registration ?
In the landbook record then the following information is displayed:
a) nature of mortgage.
b) sum of money guarranteed by deed of mortgage.
c) information about agreed-upon interest payments.
The debtors have every right to negotiate newly the terms of a deed of mortgage at any time. These modifications then can be entered in Land Registry.
REGISTRATION OF JUDICIARY CHARGES
Directly only decision by Land Registry Office judge can create, modify or cancel an entry in Land Register. Of course, a judicial decision transferring the ownership or recognizing the property or other real rights on an immovable asset that can directly create, modify or cancel and entry in the land registry can happen but it has to be submitted in the form of a corroboration request and then the Land Registry Office judge can make a decision.
So, answering the question about the impact of other judicial orders, they or the decisions do not make any entries in land books.