Are Land Registry and Cadastre different institutions?
If the answer to the first question was negative and both institutions are integrated in the same department or agency, so they provide a unified service:
a) What are the effects of the Land Registry System?
In Romanian system, the registrations in land book have an opposability effect that may be invoked against third parties. The constitutive effect introduced by the New Civil Code was postponed until the completion of the general cadastre in each administrative-territorial unit (commune, town, and city).
Applications for first registration or for upgrade technical information relating to the immovable included in the integrated cadastre and land book system are dealt within an integrated workflow through the cadastral compartment and real estate publicity department (land book).
In the above cases, the documentations for registrations includes in a single file both the necessary technical part for cadastral reception and legal documents for registration in the land book.
The information to be entered in Part A of the land book is taken from cadastral documentation, if it was received by the inspector from the cadastral department.
Cadastral (technical) reception which is performed by cadastral department, involves the following:
- to check technical content of documentation.
- to check in database the existence of authorized person who prepared the documentation.
- to locate the immovable site in graphics database, checking the correctness of its framing limits.
- to verify the calculation of surfaces.
- to determine the correlation between descriptive attributes and the graphics ones.
- to allocate the cadastral number, if the immovable is not included in the cadastre and land book system.
If deemed necessary, the cadastral inspector may carry out checks on the ground, on the correctness of the technical documentation prepared by the authorized person.
Then, the documentation is transmitted to the real estate publicity department to check the legal aspects and to make the registration in the land book.
If the documentation is incomplete, a report for completing with all data, documents or information missing or requiring restoration/modification shall be prepared. The report includes appropriate analysis and motivations formulated by the cadastral and the land book departments. It will be issued only once for a file submitted for acceptance in the cadastral and land book evidences.
If the technical documentation has not been complying with legal provisions, the cadastral inspector completes a rejection note. This note shall be submitted together with the documentation to land book department, to prepare rejection by the land book registrar, even if the legal items meet the criteria for admission. Similarly, all documentation is rejected if the technical side is allowed, but there are legal impediments.
b) The definition of the plots is made according to maps or geo-referenced mapping.
In accordance with Romanian law, the immovable is defined as one or more adjacent parcels, with or without constructions, situated in an administrative-territorial units, irrespective of category of use, belonging to an owner or several owners, if co-ownership, which is identified by a unique cadastral number and registered in a land book.
c) The drawing up of the plan or mapping is carried out by the technicians from the Registry or is it a technical report provided by the interested parties
The cadastral documentations are carried out by individual and legal authorized persons. These persons exercise an independent professional activity. In this respect, their authorization and control regarding cadastral documentations for land book registrations is achieved by National Agency for Cadastre and Land Registration and its subordinated units.
d) It is required in any transmission or only in the first registration and later modifications.
The cadastral documentation is required only in the first registration and later technical modifications of an immovable (splitting, merging, surface or limits modifications).
e) The formal and substantive validity of the documents is scrutinied by the Registrar, as well as the no concurrence or overlap of the graphical basis.
The technical aspects are checked by the cadastral inspector and the legal ones by the registrar. The workflow is shown at point a.
f) Charges are publicized
There is no need to prepare a cadastral documentation if charges regard the property as a whole. In this case, the registration is carried out only in land book.
The implementing regulation of Law on cadastre and real estate publicity establishes registration procedures for situations where charges concern a part of property registered in the cadastre and land book. In such cases, technical documentations are drawn up, using the already registered topographical support.
g) Public, environmental and urban restrictions are recorded.
As a general rule, registrations in the integrated system for cadastre and land book are carried out at the request of interested persons, based on legal acts and/or cadastral documentation, as appropriate.
The content of the information about restrictions subject to registration and how to register them are explained in detail in Questionnaire on Legal Restrictions.
h) Online information can be obtained
The integrated system for cadastre and land book was expanded nationwide and offers the possibility of accessing information online, in real time. For now, the database is accessible online only to certain public institutions, based on protocols concluded with National Agency for Cadastre and Land Registration.
i) Land Registry information containing a graphic report that identifies the property and explains the global legal situation and effects can be requested
Part A of the land book is supplemented by the annex of this part, including immovable plan (geometry), neighbourhoods, immovable description and inventory of coordinates.
j) The Registry is responsible for the veracity of the information if is wrong?
Regarding the cadastral documentation, Romanian legislation in the field requires that responsibility falls to the:
owner for knowing, indicating and preserving the property boundaries.
authorized persons for the accuracy of the technical documentation and its correspondence with reality on the ground, according to the documents provided by the owner.
cadastral inspector who performs cadastral reception for assigning the cadastral number, confirmation of surface measurements and integration of the immovable into database.
k) The effects of the Registry publicity regarding the property and the charges are different to the restrictions of public domain
As it was previously mentioned, registration in the land book has an opposability effect that may be invoked against third parties, without differentiating according to the subject of registration.
l) The neighbouring owners take part in the process of defining the property
Neighbours’ involvement in the process of defining the property is required especially in cases where the measured surface is different from surface recorded in the integrated system for cadastre and land book.
Thus, if the measured surface is higher by a percentage between 2-5% including, area resulting from measurement is included in the land book based on the cadastral documentation. Owner’s statement and minutes of all neighbouring owners containing their consent are necessarily required for registration.
In this situation the territorial office checks on the field the accuracy of the cadastral documentation. The inspection shall be recorded in a note signed by the cadastral inspector and countersigned by the chief of the cadastral department.