Why register?

1.  Is it compulsory to register all transactions relating to land/property in your system?

In the Netherlands, it is compulsory to register all transactions relating ownership and property rights on land.

2. If not, are there any circumstances under which is it compulsory to do so?

Not applicable, see 1.

3. If not, and registration is voluntary, what are the benefits of registration?

Not applicable, see 1.

4. What percentage of land/titles is/are registered in your system?

The land is mapped for 100%. 99,9% of the titles is registered.

There can still be some old land rights (e.g. fishing rights) of centuries ago that where always inherited and never transferred to third parties. In that case there is a possibility that those rights are not registered yet. The same can be the case with cable infrastructure.

Only since 2003 our Highest Court ruled that cable infrastructure where regarded as immovable property. Though, when someone want to transfer the cable infrastructure it will only be possible when it is registered. But there is still cable infrastructure that was not transferred en is not registered yet.

5. What types of legal rights in property are capable of being protected by registration?

All property rights are capable of being protected by registration

6. Are there other rights, legal situations, judicial decisions affecting property rights or owner’s powers capable of registration?

Also some personal rights can be registered , when it is explicitly made possible by law. Judicial decisions and governmental decisions affecting property rights can be registered. Also the (lack of) owner’s powers can be registered.  Legal situations such as prescription can also be registered. However not-registering the forementioned rights / legal situations does not always protect third parties against it.

7. What are the effects of registration of a transfer of ownership?

Registration of transfer of ownership is constitutive. Without registration the ownership does not come into effect.

8. What are the effects of registration of a mortgage/charge? What powers or rights are available to the registered owners of charge in order to enforce their security?

Registration of a mortgage is constitutive. Without registration the mortgage does not come into effect. Registration of a charge / seizure is not constitutive. However this is important to have third party effect. Without registration a third party in good faith is protected against the charge / seizure.

9. Is the title guaranteed by the State/Registrar? If so, to what extent and under what circumstances?

There is no title guarantee by the State or Registrar.

10. What remedies are available to land registry information users who may have relied on register information and suffered loss as a result of reliance on that information?

A party that loses a right because of third party protection of information of the land register is compensated by the state.

11. How does a party who has suffered loss make a claim for compensation if applicable?

The party has the possibility to present a claim to the central government and eventually go to court to enforce it.

12. What are the risks involved where property transactions are not registered?

Lack of coming into effect (when constitutive), the lack of third party effect (when not constitutive)

13. Are there any penalties for non-registration?

There are no penalties for non – registration.

14. Is cadastral/mapping information included in the title registration process? If so, is it guaranteed? If yes, by whom?

Cadastral information and mapping information is included in the title registration process. However it is not guaranteed. The third party protection does not regard cadastral information or mapping. Third party protection is only given for information of the land register