In times when techniques are rapidly advancing, the need to reduce administrative burdens – especially in times of financial crises – is becoming a priority. Public authorities try to find a ways to cut costs. It is important that lawyers help to recover the real estate market by improving confidence and cut costs where and when possible. Therefore, the transfer of ownership and mortgaging an immovable should be as efficiently as possible, both in a Member State and cross-border.
Chaired by ELRA President, Alasdair Lewis, the XVIII ELRA General Assembly took place in Brussels on 10th December 2013 at the Scotland House offices. ELRA was honoured to welcome the Austrian Ministry of Justice as a new member. With this incorporation, ELRA now comprises 31 national associations from 24 EU countries. Relevant speakers from the European […]
The European Land Registers Network provides answers to questions on foreign legislation A repository of clauses provides examples of clauses in contracts of sale that were accepted by the Registrar in the country of the plot of land. A help desk assists foreign conveyancers to collect relevant information and fulfil tax formalities in the foreign country. More information. A help desk […]
CROBECO described an alternative European conveyancing process that could contribute to a better cross border service of documents (art 81 TFEU). For property rights the law of the country of the plot (“lex rei sitae”) is fully respected (art 345 TFEU), but for contractual and non contractual obligations the law choice is used to make the law of the country of the foreign buyer applicable.
Some prospective buyers of foreign real estate ask for a simple conveyancing process with home country based protection. This is possible pursuant to EU regulations on law choice and choice of forum.
A notary who follows the CROBECO approach has to be familiar with two legal systems. His home country law on obligations and the for him foreign legislation for registration in the country where the plot of land is located.
CROBECO is an ELRA initiative, awarded with a Grant by the European Commission. CROBECO concerns cross border registration in foreign Land Registers. It introduces an alternative conceyancing process for foreign buyers of real estate.
CROBECO solves problems such as: A foreign buyer cannot use or build his house as intended because of unknown public limitations. The plot of land is smaller then expected because the legal boundary differs from the ditch or fence. The buyer has to pay for overdue unpaid taxes or overdue contributions to a community of […]
The Board of the European Land Registry Association (ELRA) is pleased to announce the launch of a new project.
Hosted by the Instituto dos Registos et do Notariado de Portugal, the XVII ELRA General Assembly took place in Lisbon on Thursday 23rd May 2013.
