The legal effect of the L.R. information

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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?

An extract or certified copy is to be accepted for all purposes as sufficient evidence of the original, as sufficient evidence of the contents of the document as submitted to RoS, and of any matter relating to the original which appears on the extract or copy. This means that an extract and certified copy will carry the evidential status required for court purposes.

Customers may also obtain plain copies, which offer a quicker and cheaper alternative to extracts or certified copies, where copies with evidential status are not required.

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?

Titles registered in the Land Register are backed by a state guarantee. Where there is an error in the register, RoS may either rectify the title in question or pay financial compensation to the disadvantaged party.

3. Are there any hidden liens?

No. However, a property may not be sold by a proprietor who is inhibited (that is to say, forbidden) by a court to dispose of assets because of bankruptcy or insolvency. A solicitor acting on behalf of a prospective buyer will search the appropriate personal register to make sure the seller of the property is not inhibited.

4. What effect does the issuing of the excerpt from the Land Register has over the land registry system?

No effect.

5. 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?)

Solicitors have a duty to satisfy themselves that the prospective seller of a property has a valid title and lending institutions also insist that the title is checked before they release funds under a security.

6. Does the excerpt from the Land Register issued especially for real estate transaction have different effects from the excerpt from the Land Register normally issued?


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