5. Preventive control of legality

Answers Contact Points

Overview:

Within their scope, Land Registrars carry out a control of legality of the deeds presented for registration. The larger or lesser extension of this control depends on the domestic law, but we may claim as a general rule that Land Registries usually do not accept documents that don’t fulfil all legal requirements.

Then, if documents don’t comply them or contain legal inaccuracies or defects, there will be reasons of abeyance or rejection and registration. In this event there are different possibilities of appealing to reach the registration.

If so, are pointed those deadlines established legally for examining deeds and accept registration or for issuing Land Registrars’ refusal.


1. Do Land Registrars or Land Registries carry out a legal scrutiny or assessment of the documents or applications submitted or (conversely) are registered without a previous examination?

2. What does the object of the LR assessment consist of? Are the documents presented and the content of the registration books or land books (or any other books or lists of your LR organisation) the only elements that land registrars bear in mind for carrying out their assessment and then to accept registration or not? What is the situation in your LR system? (In any case, please, indicate which of these means are able to support the land registrars’ assessment and which aren’t able or select some of these cases, or otherwise take them as basis to answer.)

a.    Registrars examine strictly documents once presented and the landbooks content. Having studied both, they decide if accept the registration or if they refuse it.
b.    Registrars can also rely on mapping.
c.    Registrars are legally entitled to request all kind of requirements or evidence to ensure the application for registration is legal.
d.    Registrars simply fulfil the application for registration or record the documents. Registrars never reject registrations.
e.    Other.

3. Otherwise, the correct answer with respect to your LR assessment would be:

a.    There are legally restricted or numbered cases of rejection or abeyance of applications of registration.
b.    LR system does not accept documents that don’t fulfil all legal requirements.
c.    LR registrars do not deal with any assessment. Their scrutiny is not necessary because documents are deeds fulfill all prerequisites and requirements always.
d.    Other.

4.  A specific case: let’s consider an application for registration based on a document or deed with lack of legal prerequisites.  What would your LR response be?

a.    That’s a reason of reject or abeyance the application for registration whereas the defect isn’t corrected.
b.    The document will be recorded or registered in any case.
c.    Other.

5. In case of rejection or abeyance of a document, does your system provide legal possibilities to request a review to the parties or stakeholders? Do they have legal possibilities of appealing the Land registers’ decision? Please, describe the procedures if applicable.

6. Must registrars or LR offices do their assessment within deadlines? If applicable, is it mandatory for registrars in charge or is it rather a guideline?