I. THE LAND REGISTER UNIT. METHODOLOGY AND SEMANTICS
LR Units are all properties or entities with individual register and/or LR number or title number assigned in accordance with each Land Register system.
LR Unit is consequently a property or other entity legally enabled to open registry folio with a specific registry history of owners, encumbrances and any registrations.
LR Unit Reference Information:.
• LR Unit RI (on national legislation).— Reference information provided by means of questionnaires related to the status of LR Units in accordance with (provided, can be modified until a date ).
• LR Unit RI (on explanations of the template).— Reference information explaining Section “A” of the template from the point of view of each LR system.
Land Register Unit: meaning
LR Unit admits subdivisions in accordance to the primary nature of the properties or units from a registry point of view.
In order to facilitate identification and description of LR Units in accordance with their nature are used different criteria or elements and the more extended ones or minimum common denominator are a)Number or ID (obviously refered to the correspondent national system) and b) Location. Number of LR Unit or location can be considered as basic information for purposes of ELRD.
Depending on the systems identification or description can be completed with other data. So, we have tried to distinguish for this purpose:
• Basic information.
• Supplementary information.
• Extended information.
To collect supplementary and extended information we have considered a) responses of questionnaires, b) ELRN fact sheets even collection of extracts provided by CC.PP and c) ISA core vocabularies location, address.
The idea is that each system might utilize supplementary and extended information as far as possible according to its particular proceedings and legal requirements.
1. LR Unit
1.1 Minimum common denominator
LR unit is intended as minimum common denominator of the object of Section “A”. LR Units are all types of properties or entities with individual register and/or LR number or title number assigned in accordance with each Land Register system.
There’re diverse entities in Land Registers of MMSS with separate or individual register and/or title number. Within their legislations, an independent folio is opened for registering the data which make up their LR history.
1.2 LR Unit as object: initial subdivision
So, LR Units could be subdivided according to the basic nature of the main LR Units as a way to facilitate identification and description of each one.
To make this classification it has been considered two fundamental variables: the function of the register number or ID and the characteristics of description.
a. LR Unit—Property
It would be the more frequent type. We would consider within its scope all type of properties, plots, pieces of land, buildings, building sites. Likely we could deepen classifications according to their nature but it requires further analyses and the idea is that property or plot is a rather broad and flexible meaning.
Properties once registered have generally a number or ID which sometimes coincides with cadastral ID, sometimes does not or does not have cadastral ID even, sometimes properties have got both (cadastral or fiscal ID and property ID).
b. LR Unit—Property—Cadastral parcel
This possibility is intended for the event that properties are equal to cadastral parcels or very similar.
It’s assumed this possibility is mostly for LR systems in which there are conclusive boundaries (unified or integrated systems as for Section A). There are not so many: conclusive boundaries or coincidence between legal boundaries and cadastral ones are not precisely the most widespread possibility.
Also might be useful for all cases where there are not conclusive boundaries but a substantial similarity between property and parcel, facilitating the use of cadastral information, so relevant for purposes of description. It’s the event of coordinating property and parcel.
Officially recognized as a unique parcel or in the event of coordination of property and parcel, for purposes of Section A) the advantage is there is a cadastral description available, with the effects which the national Land Register system establishes.
In this event there might be only an ID –cadastral ID- or other register number along with cadastral ID. There should be a way to match both if so.
c. LR Unit—Property—Apartment
For the certainly widespread event that apartments or flats have separate register and/or title number. Ownership by apartments is very important from the social and economic point of view (transactions object is often apartments). In several European countries apartments or flats appear totally disconnected from the building they belong to, due to practice or historical reasons (denationalisation of properties).
Identification and description of apartments or flats appears to have some specifics which make this point different from other properties, appearing relevant among them the relationship with the block and location within it (storey or floor) or main elements of the condominium (share or number).
Apartments or flats generally have got an individual register but no so often have individual cadastral number. Anyway, we should consider the possibility of matching the number of the apartment with an eventual cadastral ID or the cadastral ID of the parcel or block.
d. LR Unit—Special property
There’re special properties, often economically valuable, whose description or identification is complex because are fragmented or discontinuous or too large. For example mines, pipelines, ownership of waters or underground properties. They might comprise several parcels or plots or parts of them.
In this event it appears reasonable to seek means of identification as sophisticated as possible. Probably UTM coordinates and/or mappings are particularly adequate here.
Once they might comprise several parcels or plots if they appear as LR Unit at least it’s expected that an individual register is available and we could expect even a collection of parcel IDs of the parcels or plots which a special property as such can embrace. So, potential complexity of special properties justifies a separate consideration.
e. LR Unit—Property rights
LR systems and law of the MMSS show different cases of property rights whose status is different than usual because are recognized with an individual register or title number. For example, leases and leasehold (mostly); time-sharing units; administrative concessions; profit a prendre in gross, franchise, etc.
For these rights-properties or rights-objects identification or description are in practical terms the right itself, defined with respect to the legislation governing them.
In this event an ID cadastral is unlikely but it’s taken for granted they will have been received a register number.
Also happens that some LR systems have got particular Registers of Mortgages where mortgages have got individual register. This extension could be not totally but to some extent useful to providing information.
2. Identification or description data in LR units
2.1. Minimum common denominator
We have found two elements as minimum common denominator for purposes of identification or descriptions of LR units:
Individual register number or title number of each LR unit. Number and/or ID of LR Unit mean its existence according to the legislation under whose scope was created.
Location or geo location. Applying ISA core vocabulary (class location, class address).
Description of plots in every LR system varies depending on legislations but at least there are two generally admitted enabling: 1st to identify properties or plots by means of its number/ID with the effects corresponding to property law; 2nd to establish the situation of such properties or plots.
Literary description does not appears as an easy option for an electronic (and to some extent multilingual) template.
In any case, there should to be debated if it’s adequate a part free so as to be fulfilled by each LR system.
Also other criteria can be applied to make description or identification more precise.
2.2 Other criteria for purposes of identification or description
As above we mentioned, we could add new branches according to the basic nature of the LR Units (apart from LR unit number or ID and location).
a. LR Unit—Property:
– Nature (building, building site, plot…).
– Land use.
– Size (metric system preferably).
More problematic but possible, boundaries or other qualities for benefit of the property, such as an easement; part free appears adequate for this purposes.
b. LR Unit—Property—Cadastral parcel:
– Nature (building, building site, plot…).
– Land use.
– Size (metric system preferably).
– Boundaries if possible; there should be clarified legal if effects are possession or ownership.
c. LR Unit—Property—Apartment:
– Postal address of the building.
– Housing use or different use.
– Share or average in condominium.
– And block (LR number of the block).
d. LR Unit—Special property:
– Part free appears particularly relevant.
e. LR Unit—Property rights:
– Nomen iuris
– Part free appears particularly relevant
II. PROPOSED RULES
1st Intersection between section A and section C:
Section A describes the object of the right, Section B defines the right.
The object affected by the property right is an immovable asset either by nature or by a legal fiction. In this last case, some reference in section A to the right posed in section B must be done to link them, since the object is created, described a limited by the right.
2nd Intersection between Section C and A
a) Real Servitudes (the right to way…)
RULE: Real Servitudes will be treated as a limited property right and be always placed in C section, irrespectively of its content. However, it would be admissible to mention them also in Section A, as a quality of the property.
b) Public restrictions
RULE: Public restrictions, public servitudes and other public limitations imposed directly to the property which are created, modified or extinguished by disposition of law will be located in Section A.
Given that most of the Contact Points have agreed under certain conditions and up to 4 can’t accept this rule, the possibility of taking public restrictions to other Section —Section C obviously— should remain.
3rd Section “A” in deed registration systems.
For deed Systems, the person will be the connecting factor, so it will be for each national organization to present or not Section A of the template. The person will be described according to the relevant fields of B section. Section C) will be a list of all acts and deeds deposited in the registry with regard to the person.
It would be up for the national organizations to decide whether the information of the person can be delimited to a certain immovable asset, in which case the immovable will appear in section A.