When is it possible to open a new land registry file?
For what concerns immovable property, the land registry consists of two separate registers in which new land registry files are opened: Mortages 3 (“Hypotheken 3”) and Mortgages 4 (“Hypotheken 4”) (art. 3 (2) Kadasterregeling 1994). Deeds and other registerable documents relating to mortgages and seizures (“beslagen”) are registered in the register Mortgages 3. All other deeds and registerable documents are registered in the register Mortgages 4.
A new file will be opened whenever a right (in rem) is created/ vested or transferred (changing of ownership of these rights or objects).
In the Netherlands all plots / parcels are registered and surveyed. We have a parcel-based system. Whenever a parcel will be split into two (or more) new parcels, each of these parcels will get a new, unique, ID-number. After that, a notary can use this ID-number to transfer ownership or any other right in rem. If the notary does not use the facility to split the parcel prior to the transfer of ownership, he has to describe the part of the to-be-transferred part of the existing parcel and a surveyor will measure the boundaries afterwards.
In case of apartment rights, the existing parcel/plot or building (cadastral object) will be split in two (or more) apartment rights. Each of these apartment rights will gain a unique number and the deed by which these apartment rights are created or transferred will be registered to this specific apartment.