Effective legal protection

1. Enchained title and protection: Let’s suppose that someone appears as seller in a document or application for registration. However he’s not entitled to sell in accordance with the LR registration books or land books because precisely the registered owner is a different person who has nothing to do with that one. What would your LR response be?

In accordance with the continuity principle of the land book registrations, if the person who appeared in a deed like transferor or grantor were not the registered owners, the registrar would reject the registration.

The continuity principle provides full publicity of real rights and the application of substantive law rule nemo plus iuris in alium transferre potest quam ipse habet.

If a real right has been subject to successive transfers without registration, the last person entitled may not claim its registration unless he/she firstly submits application for the entry of previous successive acquisitions.

2. Entitlement to alter or modify LR terms. In your LR system, the entries or registrations in the Registration books or land books on the registered properties can be modified?

When a registration made in the land book does not match to the real legal situation, its rectification can be requested. Rectification means deleting or correcting any inaccurate registration.

Any interested person may request the rectification of tabulation or provisional registration, if:

  • the registrations are not valid or it was abolished the act based on which the registration was done, for prior or concurrent causes to its concluding.
  • the registered right was mistakenly qualified.
  • the registered right does not exist anymore or the registered act has no more effects.
  • the registrations in the land book are not for any other reasons, in accordance with the real legal status of property.

Rectification of the registrations from land book can be in mutual agreement done through notarial authentic statement of the owner or, in case of dispute, by final judgment.

Registrations can also be modified. Modifying means any change regarding the technical aspects of the immovable, change that does not affect the essence of registered real right. Change can be done only at the request of the owner, based on proving documents and as appropriate on a cadastral documentation.

 3. Notifications. What sort of notifications for parties or stakeholders do LR offices deal with legally?

The registrar decides registrations in the land book by a decision. As it was previously mentioned, this decision is communicated to the person who requested registration and to all other interested persons/stakeholders, according to the mentions from the land book.

The decision is drawn up in the number of copies needed for communication. A copy is attached to the application file.

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