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)?
The answer shall start from the definition of the immovable as subject matter of registration into LR art. 876 CC
The scope and the object of the land book
Art. 876. Civil Code:
- The land book describes the immovable pointing up the real rights having as object this immovable.
- In cases provided by law, there are also other rights, actions or legal relations can be registered in the land book, when related to the immovable from the land book.
- Hereby, the immovable consists of one or more joined parcels of land, regardless the category of use, with or without buildings, owned by the same person, situated on the territorial-administrative unit and which are identified by a sole cadastral number.
Art.878 Civil Code “the object of the registered rights”:
The object of the registered rights is the immovable, as defined by art 876 paragraph 3, which, after being registered in the land book, it cannot be adjusted but under the regulations of land book.
The same land book shall encompass only a single immovable.
More freeholders shall not be registered in the same land book unless they are shared owners or jointly owners.
The basic unit is the plot. A premise is registered in the folio of the plot. In case the premises will be divided in two or more apartments/flats, new folios will be opened for each one and a “common folio” for the premises, describing all the individual folios. So, in such situation, there will be a folio for the plot linked to the folio of the premises, linked to the folios of the apart/flats.
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)?
How are these situations organized: is there any link or connection between different real folios?
Please provide more cases according to your system.
The basic unit of the LR is the PLOT. The PLOT is identified by a cadastral number. The PLOT may be formed by one or more PARCELS, which are sub-units and don’t have a individual ID. This sub-units cannot be objects of rights individually.
Therefore, a house is always registered on a already registered PLOT, but not on a PARCEL. If the house is not a condominium there will be no new folio. The new folio will be opened only when the house will be divided in two or more apartments.
Relevant provisions: art. 879 CC:
- The immovable registered in the land book can be adjusted by joining, when more annexed immovable joint or a part of an immovable is attached to another one or, accordingly, is extended.
- Also, the immovable can be adjusted by division, when a part of an immovable is separated from it or it is mitigated
- Joining or division of a burdened immovable can be carried out with the consent of the holders of the burdens. The refusal does not have to be abusive, it can be censured by the court.
- On the other hand, if the creditors accept the joining or, accordingly, the division and the joining of the burdened immovable with other one, unless otherwise agreed, the mortgages shall have the rank of the burdens charging the jointed immovable.
- The operations of adjustment of the immovable registered in the land book, by jointing or division, are substantial and does not entail any transfer of property”.
There is also the case when the owner of the plot is not the owner of the premises built on it. In that case a “superficies folio” shall be opened.
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
– Is there a connection between the object of the legal traffic and the land registry entity? If so, could you please describe this connection
In most cases we can use “=” between the object of the legal traffic and LR entity. Object of the legal traffic is the LR entity or a part of it (a part of the plot, an apartment, a premises). However, the right shall be considered object of the legal traffic and the object of the right is the LR entity. In that case we can talk about different objects of the right, or a share of the right.
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 plot has a sole number at country (not country) level. It is created, maintained and written off by ANCPI.
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?
Currently, the identification numbering is automated. There are numbers of 6 digits, alphanumerical.
– Which other information is needed for a easy and complete identification of the entity? (Please select all possibilities, applicable to your system):