Preventive control of legality

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1. Do Land Registrars or Land Registries carry out a legal scrutiny or assessment of the documents or applications submitted or (conversely) are registered without a previous examination?

No, the assessment of the documents in the LR and the MR (starting 1 July 2012) is carried out by notaries.

2. What does the object of the LR assessment consist of? Are the documents presented and the content of the registration books or land books (or any other books or lists of your LR organisation) the only elements that land registrars bear in mind for carrying out their assessment and then to accept registration or not? What is the situation in your LR system?

Other.

If the data provided to the register by electronic means is incorrect, the deed shall not be registered until the data is correct. This assesment is carried out by online program itself.

3. Otherwise, the correct answer with respect to your LR assessment would be:

There are legally restricted or numbered cases of rejection or abeyance of applications of registration.

4.  A specific case: let’s consider an application for registration based on a document or deed with lack of legal prerequisites.  What would your LR response be?

That’s a reason of reject or abeyance the application for registration whereas the defect isn’t corrected.

5. In case of rejection or abeyance of a document, does your system provide legal possibilities to request a review to the parties or stakeholders? Do they have legal possibilities of appealing the Land registers’ decision? Please, describe the procedures if applicable.

All the registrations made upon data provided by notaries can be complaint to the local court.

6. Must registrars or LR offices do their assessment within deadlines? If applicable, is it mandatory for registrars in charge or is it rather a guideline?

Assessment is made by internet program itself and data is checked just before the registration is made.