Process of Registration

The Romanian Land Registry Association

  1. How many stages are there in the conveyancing process?
    It depends on the type of process. The easiest process includes:
    a.              Authentication of the deed by a public notary
    b.              Submission of the deed at the territorial office.
    i.                Registration of the application in the General Entry Registry ( the place where the application gain the rank)
    ii.              making the registration by the assistant-registrar
    iii.             checking the registration by the land registrar and motivate the solution, then permanently save the modifications in the data base
    iv.             send the outputs (registrar’s decision, land registry certificate) to the applicant and other interested persons
    In case of a joined workflow -cadastre and LR- first stage represent the approval of the cadastral documentation elaborated by a surveyor. There are two kinds of joined workflows: continuous joined workflows and fragmented joined workflows.
    Continuous joined workflows are those joined workflows which don’t need an interruption and can be completed based on the documents available at the moment the application was submitted (i.e. registration of premises).
    Fragmented joined workflows are those workflows which need a subsequent document (for instance, merging or splitting a parcel  requires an approved cadastral documentation as well as a notarial act. But the notarial deed cannot be issued unless the cadastral documentation was firstly approved. Therefore, the workflow shall be interrupted in order to allow  the notary to issue the notarial deed.
  2. How many other agencies/departments/registers etc. must be dealt with or checked prior to signing a legal transfer or mortgage?
    Notaries, financial institutions, banks.
  3. Who is responsible for dealing with other departments/agencies?
    There is no regulation about that. Parties have to deal on their own with agencies/depts./services involved.
  4. At what stage of the overall conveyancing process is your organisation involved (i.e. from the time a person contacts a notary or a professional to act on their behalf on the acquisition of the legal title to the final act of registration)?
    There are two relevant moments. First regards the issuing of the so called “authentication certificate” which can be issued only for the notaries and which is compulsory to exist as a ground of the deed. The second one is the moment when the deed is submitted to registration. This should be considered the final stage.
  5. Is any or all of the conveyancing process dealt with electronically?
    no
  6. Is any or all of the registration process dealt with electronically?
    yes. As long as the real estate information exists in the data base (it is an electronic land book) the entire registration process is dealt by electronic means.
  7. When a deed/document or land registration form is lodged for registration, what is the general procedure involved in registering the effect of the deed?
    see answer on first question in this section
  8. How many stages are there in the registration of title process? Please give examples for the following e.g. registration of a (1) transfer of all property, (2) mortgage (3) change of ownership on death where the estate has been administered if applicable (4) registration of right of way (5) transfer of part of property.
    answer to question 1a,b in this section is valid for (1) to (5)
  9. What kind of entries are in your system? Describe their main features.
    see answer to question 6, section II.
  10. What is the average time taken to register a (1) transfer of all property (2) transfer part property (3) mortgage/charge?
    (1) = max. 9 days
    (2) = max. 9 days
    (3) = max. 2 days
  11. At what level in the organisation is the final decision to register a title made?
    The land registrar is the only one entitled to decide about de registration or rejection of a deed. Interested persons may challenge the land registrar’s decision by so called re-examination. Only chief land registrar is allowed to re-examine the decisions. Against chief land registrar’s decisions interested parties can appeal in the entry level court. Different jurisdiction degrees may follow, as the applicant act.
  12. To what extent are registration decisions in your country taken by a person with a professional qualification? What is that professional qualification?
    The registration decision is taken by land registrars. In order to become a land registrar it is necessary to be licensed in law and to pass an exam.
  13. If registration decisions are not taken by a person with a professional qualification, how are they taken?
    see the answer above
  14. Is the decision to register a legal, judicial or administrative function (or mixed)?
    It is not defined. As considered in the doctrine, the land registry procedure is an administrative procedure under judiciary control. No one  can say it is an administrative procedure, neither a judicial one.

 

National Agency for Cadastre and Land Registration

  1. How many stages are there in the conveyancing process?
    The first registration of the immovable in cadastre and land registration records is done using a single application and 2 phases are necessary: the first phase is represented by the reception of the cadastral documentation the department of cadastre and geodesy and the second phase is represented by the registration of the immovable in the land book by the department of land registration.
  2. How many other agencies/departments/registers etc. must be dealt with or checked prior to signing a legal transfer or mortgage?
    In order to authenticate a contract of mortgage or another authentic contract by which a real wright is transferred or modified, the public notary requests to the office for cadastre and land registration the issuance/release of a land book extract for authentication.
  3. Who is responsible for dealing with other departments/agencies?
    Person who deals with the deed.
  4. At what stage of the overall conveyancing process is your organization involved (i.e. from the time a person contacts a notary or a professional to act on their behalf on the acquisition of the legal title to the final act of registration)?
    Within the process of verification (release of the land book extract for authentication) done prior to the legal closure of authentic deed, as well as after the moment of registration of authentic deed in the records of land registry.
  5. Is any or all of the conveyancing process dealt with electronically?
    No. The deeds are conveyed towards the offices for cadastre and land registration in analogue format.
  6. Is any or all of the registration process dealt with electronically?
    Yes. The wrights are registered in the land book using electronic environment
  7. When a deed/document or land registration form is lodged for registration, what is the general procedure involved in registering the effect of the deed?
    The land book registrar enforces through legal closure the registration of wright in the records of land registry.
  8. How many stages are there in the registration of title process? Please give examples for the following e.g. registration of a (1) transfer of all property, (2) mortgage (3) change of ownership on death where the estate has been administered if applicable (4) registration of right of way (5) transfer of part of property.
    There are two phases. The release of land book extract and registration of deed in the records of land registry.
  9. What kind of entries are in your system? Describe their main features
    A.     Application for reception of cadastral documentation
    B.     Application for registration in land book  of real wrights
    C.     Application for examination
  10. What is the average time taken to register a (1) transfer of all property (2) transfer part property (3) mortgage/charge?
    Period for registration of property right (totally or partially) is 9 days. Period for registration of mortgage is 2 days.
  11. At what level in the organization is the final decision to register a title made
    Registration of title in the records of land registry is disposed by the land book registrar, at the level of every bureau of cadastre and land registration
  12. To what extent are registration decisions in your country taken by a person with a professional qualification? What is that professional qualification?
    Land book registrar has an University law degree.
  13. If registration decisions are not taken by a person with a professional qualification, how are they taken?
    Not applicable.
  14. Is the decision to register a legal, judicial or administrative function (or mixed)?
    Administrative decision.