Preventive control of legality

Home / European Land Registry Network / Netherlands / Preventive control of legality

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?

There will be a legal scrutiny whether the deed meets the necessary demands.

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?

Registrars are legally entitled to check the deeds, compare it with the cadastral registration. For some defects a deed will be refused. For some defects a deed will be entered but with remarks of the registrar that the applicant has to make some changes or improve the deed. If the registrar thinks that the deed meets all the requirement, but that the legal acts in the deed cannot come into effect or cannot get the ranking it needs to have, then the registrar has the possibility to warn parties (article 3:19 BW)

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?

It depends on the legal prerequisite that isn’t fullfilled.

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.

The applicant can go to court to let the court command the registrar has to enter the deed (article 3:20 BW). Of course the decision of the court can also be to agree with the registars decision.

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?

Yes, there are deadlines that the registar and the main stakeholders of the L.R. have agreed to. These deadlines are monitored and the results of it are presented. But legally the deadlines are not binding, so it are rather guidelines.