Are Land Registry and Cadastre different institutions?
The land registers in Poland are under the jurisdiction of district courts. We do not have the cadastre system in Poland. We have register of land and buildings. In the future register of land and buildings will be transformed into cadastre. Register of land and buildings are kept by local authority offices.
Under the name cadaster we understand register of land and buildings.
In the land registers, the data on sheet A – property sheet should be identical to the data in the cadastre. Any modification of the data in sheet A of the land registers should be based on the documents from the cadastre.
The cadastre should submit each change of the data on the cadastral property to the land registration court and the LR court should inform the cadastre about each change of the owner of a real property.
If the answer to the first question was negative because both institutions are not integrated, but they share information or have distributed their tasks:
a) What information is the responsibility of the Cadastre?
The responsibility of the cadastre is graphical definition of the plots, graphics and crops, buildings, keep cadastral maps, monitoring all changes connected with immoveable.
b) What information is contained in the Registry?
In the registry an interested party can check: ownerships and mortgages, other charges and easements.
c) Which organism is in charge of publishing the restrictions of public domain and restrictions for social interest, environmental or urban reasons?
The cadastral system in certain circumstances.
d) Is there any legal verification of the modifications made in the cadastral database? Must the Land Registry necessarily start from the description of the property and buildings held in the Cadastre?
The Land Registry necessarily start from the description of the property and buildings held in the Cadastre.
e) Which is the qualification of the authority in charge of the Cadastre?
f) Which is the qualification of the Land Registrar?
The employees in the cadastre are geometers, in the land registry court the employees are judges and registers.
g) Is it possible the integrated online Registry information or should it be requested separately to both organisms?
It’s not possible, maybe in the future it will be possible. An interested party can check online land registry book , if he knows the individual number of the book. The cadaster data is available only in the local authority office.
h) Land Registry information containing a graphic report that identifies the property and explains the global legal situation and effects can be requested.
It isn’t possible to get LR information containing a graphic report that identifies the property and explains the global legal situation and effects.
i) The Cadastre and Registry are responsible for the veracity of the information if is wrong.
Yes, it is.
j) In case of different information, what are the legal effects in each case?
k) The effects of the Registry publicity regarding the properties and the charges are different to the restrictions of public domain.
l) The neighbouring owners take part in the process of defining the property.
The neighbouring owners take part in the process of defining the property, especially when they try to set boundaries of the plot.