Legal value of LR Information
What is the legal value of land registry information delivered by your national system?
– Certified information. Is the LR information partly or completely certified? If partly, could you please describe what specific information is certified?
– Non certified information
The main outputs delivered by Ro LR are:
1. Information excerpts:
– Provided both on paper and electronically
– There is no regulation regarding a validity term, as they reflect the legal situation of the property at the moment they are issued, according to the information existing in LR. Pending requests are mentioned.
– The information can be deemed as certified information because it is the same information as the one existing in the land book and it has the same value. Relevant provisions: art. 21, 900 Civil Code.
Art.21 Civil Code:” (1) In case that a right, deed or action was registered in a public registry, it is presumed that it exists, as long as it wasn’t deleted or modified under the law. (2) In case that a right, deed or action was deleted, it is presumed that it doesn’t exist.”
Art. 900 Civil Code: “(1) In case that a real right was registered in the land book in favour of a person, it is presumed that it exists in his favour.(2) In case that a real right was deleted from the land book, it is presumed that the right doesn’t exists.”
The excerpt template includes a mention as follows: Ï certify hereby that this copy is entirely in compliance with the valid position of the land book.
2. Authentication excerpts
– Provided both on paper and electronically
– There is no regulation regarding a validity term, as they are reflecting the legal situation of the property at the moment they are issued, according to the information existing in LR. This kind of excerpts shall be issued only for notaries and they “freeze” the land book for a period of 10 days. In case any requests are pending, the authentication excerpt will not be issued. This regulation may turn out into a violation of the principle of rank, but things are not decided yet. Relevant provisions: art. 21 O.700/2014: “(1) The rank of registration is given by the date, hour and minute of registration of the application. The rank can be changed by the agreement of the parties only for mortgages. In case that more applications for registration of mortgage over the same immovable have been submitted at once, they will have the same rank. (2) As registrations regarding the right of property and other principal real rights over the same immovable are requested at once, competition of rights occurs and they temporarily receive equal rank, following for the court to decide, according to the date of concluding the documents, which right shall be registered first.(3)
As regards the situations provided by paragraph (2), when the applications are registered, it will be mentioned that they temporarily have equal rank, both on the application and in the land book at the column “observations”.
– The information can be deemed as certified information because is the same information as the one existing in the land book and has the same value. Relevant provisions: art. 21, 900 Civil Code above mentioned.
– The excerpt template includes a mention as follows: Ï certify hereby that this copy is entirely in compliance with the valid position of the land book.
3. Certified copies of: land book, documents underlying the records.
4. Certified excerpts from Transcription/Inscription Registries
