6. Effective legal protection

Answers Contact Points

Overview:

The extent of the protection provided by Land Register is linked particularly with principle of enchained title and its legal meaning of that if the person appeared in a deed like seller, transferor or grantor weren’t the owner registered but another else, absolutely Land Registrars would reject registration.

Also is examined the principle by virtue of which properties registered shouldn’t be altered without the consent of registered owners (except by a judiciary resolution from a proceeding or case that the owner registered has taken part in).

Finally it’s showed a type of cooperation with Courts carried out by Land Registries by means of issuing notifications relevant for interest of parties, even in civil cases.


1. Enchained title and protection: Let’s suppose that someone appears as seller in a document or application for registration. However he’s not entitled to sell in accordance with the LR registration books or land books because precisely the registered owner is a different person who has nothing to do with that one. What would your LR response be?

2. Entitlement to alter or modify LR terms. In your LR system, the entries or registrations in the Registration books or land books on the registered properties can be modified:

a)    Only with consent of owner registered, namely if he agrees.
b)    Only with consent of owner registered or by a judiciary resolution from a proceeding or case that the owner registered has taken part in.
c)    Only with such consent or judgment, but physical features or description of property can be modified by settlement of the Government Authorities, particularly the Cadastre.
d)    Without such consent or judgment, by a settlement of Public Administration or Government Authorities.

 3. Notifications. What sort of notifications for parties or stakeholders do LR offices deal with legally?

a)    Different type of notifications not specified in advance, if LR proceedings make them necessary.
b)    To communicate the decision of registration or rejection of registration.
c)    In enforcement or foreclosure procedures.
d)    To make them known an alteration of properties by a cadastral decision.
e)    Other types.
f)    None or exceptionally.

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