LEGAL EFFECTS OF REGISTRATION OF TITLE
The Netherlands operates a deeds system. The recording of a (copy) of the notarial deed of transfer means that one of the requirements for transfer of ownership is fulfilled.
In the Netherlands there is the Kadaster (Cadastral data), the registration of rights that serves as an index to the Land Registers.
For the acquisition of property of ownership (title), proof of ownership can be derived from the content and the sequence of recorded deeds in which the property has been transferred from one owner to the next. The best degree of security is obtained by allowing specially appointed lawyers (notaries public) to be authorised to authenticate the different contracts.
CONSUMER PROTECTION IN LAND TRANSACTIONS
The Netherlands operates a deeds system instead of a titles system.
The Civil Code contains a system of protection for facts that are not published in the Land Registers. If a person fails to register a relevant legal fact in the Land Register, a third party who has no knowledge of this fact is protected. This means that he can ignore a fact not registered. However this protection is not in force in case of prescription and during three months in case of inheritance
Acquisition of property is not accompanied by a proof of ownership (title), but a reliable presumption of ownership can be derived from the sequence of registered deeds in which the property has been transferred from one owner to the next. It always remains possible that because of a defective title of a former acquirer the listed owner is not the legal owner. But third persons in good faith are protected against such defects The best degree of security is obtained by allowing specially appointed lawyers (notaries public) to be authorised to authenticate the different contracts.
RELIABILITY & RESPONSIBILITY OF RELIABILITY OF NATIONAL LAND INFORMATION
Cadastral data and deeds in the Land Register are not guaranteed to be correct. Property rights are not protected by registration. The Civil Code contains a system of protection for facts that are published in the Land Registers. If a person fails to register a relevant legal fact in the Land Register, a third party who has no knowledge of this fact is protected. This means that he can ignore a fact not registered. The registrar has the responsibility to show all the legal facts that have been registered in the Land Register since 1838.The registrar uses the cadastral data in the Kadaster to trace the identification of registrations in the Land Register. In the event of errors in showing registrations in the Land Registers a customer is entitled to compensation for his loss from the State. When a registrar takes the view that a registered deed has no legal result, he sends a warning to the persons concerned and to the notary public.
The Civil Code prescribes public registers. The Kadaster is prescribed by the Kadaster Act. This Kadaster Act also prescribes the conditions for registration in the Land Registers. Under the Kadaster Act, electronic registration in the Public Register is possible since 2005.
The information on this website is not meant for legal purposes.
The Dutch Kadaster does not assume any liability for damage, regardless of its nature, associated with the use of its Kadaster website(s), or its temporary unavailability. The Kadaster is also not liable for damage resulting from the use of information obtained from the Kadaster websites(s).
The Kadaster assumes as well no liability for contents on websites that are refereed to from the Kadaster website or for the content of websites that link to the Kadaster website(s).
Intellectual Property Rights
The Kadaster holds all intellectual property rights and other rights for its website(s) and products available from its website(s). It is therefore forbidden to copy, duplicate, revise or disseminate information and/or use its logos without express permission from the Kadaster, except for personal and non-commercial use. No exert of text from the Kadaster website(s) may be duplicated and/or made public.
The information on the Dutch Kadaster is publicly available. This is in accordance with the law, promoting the legal security of real estate transactions to society at large. In the interest of legal security, everyone that purchases a parcel, house or other type of real estate must be certain that the person who sells the real estate is indeed the rightful owner. The notary controls that. In order to make this control possible, all cadastral information is made public. This also helps governmental organisations to proficiently execute their public tasks as well as companies to properly do their work. Within the framework of legal security and the economy, public openness is important. This means that anyone who asks may review information or obtain copies for a fee.
The Kadaster is legally obligated to ensure this. Information can be obtained via Information Counters at any of the six Kadaster offices either in person or by post, fax or Internet. Out of privacy protection, only information concerning parcels may be obtained on the Internet. The information that we register about persons (for instance: amount of real estate that a person possesses) is not available via the Internet. It can only be obtained in person or by post and fax.
The Kadaster is limited to compiling, maintaining and supplying information. A few other laws advise how the Kadaster must deal with personal information, for instance within the Privacy Protection Act.
- Human Rights Act
- The Constitution (especially article 10)
- The Cadastre Act (Amongst others articles 2a, 3a and 107c and Chapter 7)
- Privacy Protection Act (amongst others articles 6 to 15).