Preventive control of legality
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?
Applications are registered without a previous examination. During one month after the registration the Registrar must get ascertain if all required documents are submitted and if they are in correct form. Registrar must also check is registration possible due to the rights entered in the Land Registry or secured by notations or arising from law.
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?
The Registrar can always ask additional documents to ensure the application for registration is legal.
3. Otherwise, the correct answer with respect to your LR assessment would be:
All applications submitted to the Registrar must be registered. Legal assessment will take place later.
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?
The document will be recorded or registered in any case.
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.
A ruling on entry whereby a petition for entry is dismissed or is satisfied in part, and a ruling whereby a term is set for elimination of omissions longer that six months is subject to appeal by the petitioner within fifteen days after the date of service of the ruling. A ruling which is the basis for an entry made at the initiative of the Registrar is subject to appeal by the person to whom the entry pertains within fifteen days after the making of the entry.
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?
Registration application must be reviewed not later than within one month as of the date of receipt of such application. The average time is eight days.
