Preventive control of legality

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1. Do Land Registrars or Land Registries carry out a legal scrutiny or assessment of the documents or applications submitted or (conversely) are registered without a previous examination?

2. What does the object of the LR assessment consist of? Are the documents presented and the content of the registration books or land books (or any other books or lists of your LR organisation) the only elements that land registrars bear in mind for carrying out their assessment and then to accept registration or not? What is the situation in your LR system?

Land registrars study the legality of the document, the capacity of the parties, compare the documents presented with the land book and then decide if accepted the registration or if refuse it. In case of rejection it’s necessary to motivate it.

A partial rejection is also possible.

3. Otherwise, the correct answer with respect to your LR assessment would be:

Polish LR system does not accept document that don’t fulfil all legal requirements.

4.  A specific case: let’s consider an application for registration based on a document or deed with lack of legal prerequisites.  What would your LR response be?

An application for registration based on a document with lack of legal prerequisites will be rejected.

5. In case of rejection or abeyance of a document, does your system provide legal possibilities to request a review to the parties or stakeholders? Do they have legal possibilities of appealing the Land registers’ decision? Please, describe the procedures if applicable.

In case of rejection of a document , our system provide legal possibilities to request a review to the parties or stakeholders. The decision is communicated to the person who requested registration and to other interested persons. Interested person may submit a complaint to re-examine the decision, within 7 days from notification. This request is solved through another decision by Judge (the chief of registrars). An appeal against the judges decision may be made within 14 days from its notification to the higher court. Final and irrevocable higher court’s decision is binding LR.

6. Must registrars or LR offices do their assessment within deadlines? If applicable, is it mandatory for registrars in charge or is it rather a guideline?

Registrars must deal with their assessment as soon as possible and no later than 30 days but it’s rather a guideline.

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