Status of the Land Registrar in each country

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What is the status of the Land Registrar in your country:

a) Who is responsible for performing the act of registration of property rights?

The registrar, being a staff member of kadaster, yet with a so-called ‘attributive competence, meaning no other member of the staff, nore the borad of directors, can overrule the registrar`s decision. Only the judge can annul the registrar`s decision to refuse a deed.

b) In case of doubt/appeal, who decides?

The registrar decides. (s)he has been a civil law notary for several years and therefore has completed the legal education.

c) Must he/she have a legal educational background?

Yes, both in theory and in practice. All registrars have worked before as civil law notaries.

d) Could you characterize the act of registration as a purely administrative duty or a quasi-judicial one?

Quasi-judicial. We decide on acceptance/ refusal of a deed and therefore whether somebody has become the owner of an immovable or not. We can also warn notaries and parties if we decide something is not correct in the deed.

e) Is the Land Registrar independent in his/her decision making? If yes, how does your legal system assures such functional independence (i.e. the decisions are only challenged before a court).

Yes, referring to deciding on the acceptance/ refusal of a deed and/or updating the registration in accordance with the content of the deed is the responsibility of the registrar and no-one else. Only a judge can decide otherwise and annul the registrar`s decision.

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