Limitations
The Romanian Land Registry Association
1. Are all legal rights in property capable of registration in your system? If not please state the legal rights or interests in land that must be investigated outside of the registration of title system i.e. those that could bind a bona fide purchaser for value without notice without registration?
There might be legal restrictions, limitations regarding urban regulations. Such limitation can be uncovered by applying for a certificate regarding these kind of limitations.
- Is it possible to create property rights different from the ones regulated by the law? – numerus clausus or numerus apertus- (EU Adapt project)
Yes. Explanation (please add statutory law and case law, when appropriate)
Art. 557 of the Civil Code – the right of property can be acquired, under the law, by convention, legal or testamentary inheritance, accession, usucapio, as an effect of possession in good faith in the case of movable property and of fruits, by occupation, as well as by court decision, in certain situations by administrative act, by registration in the land book.
The law may regulate other ways of acquiring property rights.
We did not find the principle stated above (numerus clausus vs numerus apertus) in the Romanian legislation.
2. To whom does responsibility for investigation of such rights apply?
Any interested party
3. What protection if any is available to parties who are bound by property rights that are not capable of being recorded on the title registration system? (For example “hidden rights” such as certain easements that may run with land without a legal requirement for registration).
None
4. Are the boundaries conclusive in the registration of title system? If not, are they guaranteed by another state agency/government department/authority?
There are specific rules to certify the boundaries and the liability of verifying belongs to cadastre inspectors (ANCPI’s employees) and surveyors. However, cases of overlapping are frequent.
5. How does an aggrieved party remedy any boundary error?
There are different situations; If possible parties can solve this issue by an authentic agreement. Otherwise, they have to address to the court.
National Agency for Cadastre and Land Registration
1. Are all legal rights in property capable of registration in your system? If not please state the legal rights or interests in land that must be investigated outside of the registration of title system i.e. those that could bind a bona fide purchaser for value without notice without registration?
The operations regarding the immovable registered in the land book are expressly and exhaustively laid down by law. Restrictions are provided in special laws.
2. To whom does responsibility for investigation of such rights apply?
Any interested person.
3. What protection if any is available to parties who are bound by property rights that are not capable of being recorded on the title registration system? (For example “hidden rights” such as certain easements that may run with land without a legal requirement for registration).
The information may be required from the owner or holder of the right which was not registered.
4. Are the boundaries conclusive in the registration of title system? If not, are they guaranteed by another state agency/government department/authority?
The registration regarding the ownership right and its limitations/restrictions are relevant/sufficient.
5. How does an aggrieved party remedy any boundary error?
By information.
