Process of Registration

1. How many stages are there in the conveyancing process?

There is only one stage: the contract transfers the property right—there is no separate conveyancing of the property right.

2. How many other agencies/departments/registers etc. must be dealt with or checked prior to signing a legal transfer or mortgage?

Information concerning the plot of land is to be gathered from different sources (planning authorities, cadastre…)

Information concerning the property rights in the plot of land is mainly provided by the different branches of Patrimonial Documentation.

3. Who is responsible for dealing with other departments/agencies?

The agent of the party or parties (i.e. the real estate agent and/or the notary) normally takes care of gathering all the information.

4. At what stage of the overall conveyancing process is your organisation involved

We provide information (ante notarial act) and register the notarial act (post).

5. Is any or all of the conveyancing process dealt with electronically?

No.

6. Is any or all of the registration process dealt with electronically?

No.

7. When a deed/document or land registration form is lodged for registration, what is the general procedure involved in registering the effect of the deed?

A notarial act creating or transferring a property right, other than a mortgage, is entered in full in the register of transcription.

A summary of a notarial act of mortgage, is entered in the register of inscription.

8. How many stages are there in the registration of title process?

There is only one stage in the registration process: the deed is registered or not. A deed of mortgage or transfer is registered; a change of ownership mortis causa cannot and is not registered.

9. What kind of entries are in your system?

Transcription: the whole deed is entered in the land register.

Inscription: a summary of a deed of mortgage is entered in the land register.

A note in the margin of the entry concerning certain claims.

A removal of an inscribed entry.

10. What is the average time taken to register a (1) transfer of all property (2) transfer part property (3) mortgage/charge?

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11. At what level in the organisation is the final decision to register a title made?

The individual Land Registrar decides.

12. To what extent are registration decisions in your country taken by a person with a professional qualification? What is that professional qualification?

The Land Registrar is an expert in land registration law and land law.

13. If registration decisions are not taken by a person with a professional qualification, how are they taken?

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14. Is the decision to register a legal, judicial or administrative function (or mixed)?

It is a three-fold decision: administrative because the decision-maker is a member of the public authority; legal because the decision is based on statute (the Mortgage Act); and the decision could be qualified as judicial in that the only appeal against a decision of the Land Registrar is in court.