1. What is the probative value of the LR information sheet? Does the national law provide it with special legal nature, like a public document or authentic act? Are there different types of LR information with different degree of value?
The content of land books is proved with the copy or land book excerpt.
The land book excerpt is an authentic act, having regard to Art. 1171 from Civil Code of Romania, under which: The authentic act is the one prepared with the required legal solemnities, by a civil servant who has the right to function in the place where the act was done.
Also, the land book excerpt is a public document showing the active entries at the time of its preparation.
Probative value of the land book excerpt is equivalent to that provided by the laws in force for entries made in the land book, as follows:
- The content of land book, except for legal limitations and exceptions, is considered accurate only for the benefit of a person who, by virtue of an act with legal title, acquired in good faith a real right entered in the land book. Consequently, if a real right was entered in the land book, under the law, for the benefit of a person shall be presumed that the right exists in its use, as long as it has been acquired or constituted in good faith, while the contrary is not proven.
The acquirer is considered in good faith if, at the time for the entry request of the right in his favor, was not annotated any dispute challenging the land book content, or where the transmitter title and land book content does not show any inconsistency between the latter and the actual legal situation.
- If a right has been deleted from the land book, is presumed that the right does not exist.
2. What is the degree of reliability of the information? Which are the effects given by the legal provisions in each country to this information, should it be necessary to carry out further investigations?
Entries in the land book are presented briefly in the land book excerpt, in a standardized, pre-established form. As it mentioned previously, the excerpt shows the active entries at the time of its preparation.
In order to obtain detailed information may be requested copies of the land books or the documents based on which the entries were made.
Given the effect of opposability, the entries in the land book are made at the request of interested persons. Consequently, updating the information in the land book depends on the requests for registration.
3. Are there any hidden liens?
4. Is the description of the hidden liens exhaustive?
5. What effect does the issuing of the excerpt from the Land Register has over the land registry system?
Land book excerpt for information, as its name shows, is for information; it may be requested by any person and does not make land book unavailable.
In contrast, as it noted in the Chapter I section 4.3., land book excerpt for authentication freezes the cadastral number for a period of 10 working days from the date and time of application and ending with the end of the tenth working day.
Where, during the freezing period, the authentic act prepared based on the land book excerpt which produced the unavailability of land book is entered, it handles priority, other applications for entry, registered during this period, going to be rejected.
If the freezing period expires and the authentic act for which unavailability occurred was not recorded in the general entry register the acts concerning the same cadastral number recorded in the period in which cadastral number was blocked will be resolved.
6. Is an excerpt from the Land Register necessary and sufficient for the assignment of the property right of an immovable (regarding the information provided by the Land Registry?)
Land book excerpt for information cannot be used to authenticate real estate transactions.
In the concluding acts of transmitting, constituting, changing or extinguishing a real estate right, the public notary which authenticates the act has to ask the issuing of a land book excerpt for authentication.
7. Does the excerpt from the Land Book issued especially for real estate transaction have different effects from the excerpt from the Land Book normally issued?
Yes. Effects of land book excerpt for authentication have been described in the Chapter I section 4.3. and also in this Chapter, in section 5.
8. Is the excerpt from the Land Book necessary and sufficient for the assignment of the property right of an immovable (regarding the information provided by the Land Registry)?
This item has similar content to section 6 of this chapter.