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 basic unit is the plot of land. There is a one to one correlation between (i) plot of land (ii) a cadastral unit representing the plot, and (iii) the title sheet reflecting the relevant textual data. Buildings on land (houses, garages etc.) are part of the land.
There are two exceptions. In apartment buildings each flat is considered a plot of land and has its own title sheet. However, due to mapping restrictions a single cadastral unit represents all the flats/title sheets in the building. The second exception is for long leases (over 20 years). These are not separate plots but may be given their own title sheet. They are not given a separate cadastral unit.
As noted above Scots law recongises several ‘separate tenements’ which are plots of land owned separately from the surface land. The most common examples are minerals and the right to fish for salmon. These will have their own cadastral unit and title sheet.
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.
Cadastral units representing plots of land can be ‘split’ in two ways. Firstly, because ownership changes (such as a development situation). In these cases the plot of land must be split. Secondly, the plot can be split because it will bring administrative benefits. This is optional.
3. What is the legal criterion that defines the object of land registration (Please select all possibilities, applicable to your system):
The plot of land – defined to be “an area or areas of land all of which are owned by one person, or one set of persons.”
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 of land has a unique title number created when the plot is first registered by the land register staff.
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?
Scotland is historically split into 33 registration counties. The land register title number is the first three letter of the county along with a unique number. For example in Glasgow a property may be given the reference GLA12312.
– Which other information is needed for a easy and complete identification of the entity? (Please select all possibilities, applicable to your system):
• Registration data
• Tax office
The title number is all that is required – although often the postal address may be used also.