Precautions when opening a new land registry file

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1. Are there any special precautions at the land registry services in order to avoid errors when opening a new file?

There are some limited system tools which help avoid errors but most errors are avoided by case audits by supervisors and a quality assurance team.

2. If an error occurs and a land registry file describes the same immovable for a second time, what is legally determined to do?

If an error is noted on the boundary a notice is served to all interested parties of a proposed change to be made. If there is no objection in a set time (usually 3 weeks) the change is made. If there is an objection the Register map will only be amended if there is a compromise between the parties or a court order.

As the Registry map is not conclusive there is no legal issue for the Registry but it is not considered appropriate to amend a disputed boundary as the parties may see this as a determination on the matter.

Is there a different procedure depending on whether the new file repeats totally a previous file or only a part of a previous file?

No

3. Once the error is identified what happens to the rights and the charges registered in both files? And what about subsequent entries?

The rights and charges are over the folio title so these remain.

4. Is there any internal (intra-system) land registry procedure to solve this sort of problem or does it require judicial intervention?

Judicial intervention is only required in the event of a dispute between the parties. The Registry will rectify other errors with consent (actual or implied).