Land registry based on the real folio principle.
Some land registration systems consider any immovable asset, regardless its nature or situation, a subject matter of registration. Others restrict the concept only to those specified by law, or even create legal fiction of immovable assets with regard to the registration in the land registry.
1. Is there any specific provision in your law that regulates what can create a new land registry file (a new folio)? Could you please state that provision? What is the basic unit in the land registry? What can open a folio? Only Immovable assets by nature, or also immovable assets by legal fiction (by disposition of law)
According to Art 1, 24, 24(1) of Act of 1982 on land books and mortgage (O.J. 2013 pos. 707, amended) a new folio is opened to each immovable property as plot consisting of cadastral parcels, apartment and plot connected to the apartments’ building, to limited rights in rem called cooperative right to flat/apartment as well as perpetual usufruct. Therefore, immovable assets by legal fiction also can open a new file by disposition of law.
The basic unit in land registry is “nieruchomosc” (immovable asset) in a meaning of Civil Code which says that “immovable assets are parts of Earth’s surface, which are the subject of separate ownership rights (ground), as well as buildings firmly joined to ground or parts of such buildings, if they are the subject of separate ownership rights” (art. 64 of CC).
A new folio can be opened by:
– A plot consisting of cadastral parcels
– A cadastral parcel
– An apartment
– A garage
– A limited right in rem, cooperative right to flat/apartment, perpetual usufruct
2. Could an immovable asset, being part of a bigger immovable asset already registered, be separated in the land registry by opening a new file (a new folio)?
Yes, an immovable asset, being part of a bigger immovable asset already registered in a land book (“mother folio”) may be separated in the land registry by opening a new file.
– How are these situations organized: is there any link or connection between different real folios?
Yes, there is a connection (reverse information) in a new real folio about the mother folio unique number and in a mother folio there is information about unique number of a new folio.
– Please provide more cases according to your system.
– a piece of land (cadastral parcel) which had been segmented from a bigger one
– a house built on a cadastral parcel (registered plot)
– an apartment in a registered building which had been separated from a building
3. What is the legal criterion that defines the object of land registration (Please select all possibilities, applicable to your system):
• The nature of the asset
• The object of the contracts
• Legal relationships
• Identification capability
All criteria enumerated above are applicable.
4. Identification of the LR entity: Is each land registry entity identified by a single identification number? Is it created, maintained and written off by the Land registry organization?
Each land registry entity in Polish land registry is identified by a single identification number. It is created, maintained and written off automatically by the computer system run by Ministry of Justice. This is a unique nationwide number.
5. If a Land Register identification number is applicable to your situation: could you please describe the way this LR ID number is structured. Could you please share a (specimen) identification number?
The number for land book is created out of capital letters and numbers separated by slashes. First part of code is capital letters and a digit and they are linked specifically to the Land Registry Departments territorially (e.g. BI1B for Bialystok, KR1P for Cracow).
Secondly, there is a combination of 8 numbers (digits) and finally is a control number (0 to 9).
The folios are numbered automatically by electronic system. To sum up, there are 10 digits and 3 capital letters (e.g. BI1B/00002382/0).
– Which other information is needed for a easy and complete identification of the entity? (Please select all possibilities, applicable to your system):
• Registration data
• Tax office