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?
The Land Registry Office judge examines the corroboration requests which also include all the documents attached.
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 judge only examines the documents that are presented to him. For exception of requesting needed additional documents from a local Land Registry archive, the judge does not request any other additional documents, however it is required to acquire certain information from certain state registries as required by the Land Register Law. The decision is based solely on documents presented.
3. Otherwise, the correct answer with respect to your LR assessment would be:
In a specific case where a corroboration request is presented with a lack of legal prerequisites, the Land Register Office response would be presented in a form of judge’s decision which would state the reason for rejection.
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?
In case of rejection our system provides legal possibility to appeal the judges decision in the supreme court. The appeal has to be submitted to a Land Registry Office which then forwards it to the Supreme court.
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.
The Land Register Law states, that requests for corroboration shall be examined not longer than within a time period of 10 days. In complicated cases, the head of a Land Register Office may extend such time period up to one month.
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?
—
