The content of the information
GENERAL ISSUES:
Graphic examples of a piece of information:
A) PROPERTY
The property description is the domain (and responsibility) of the Cadastre. The Land Registry uses the identification number of the property to attach the property rights concerning this property to the persons who are the holders of these property rights.
The registration of the property rights (i.e. the link between a property and a person) is the core business of the Land Registry. Hence, a registration based (and not property rights based) description seems more appropriate.
1. Registration of acts creating or transferring a property right, namely
1.1. Ownership and co-ownership (and ‘naked ownership’)
1.2. Third-party rights (usufruct, easement, long lease (emphyteusis) and superficies)
1.3. Securities: mortgage and lien
2. Registration of certain incidents concerning these property rights (attachment, voidable contracts, …)
If this presentation is adopted, the different formalities to get the registration effected could be presented. For instance, in the Belgian system, only authentic acts creating or transferring a property right inter vivos can be registered.
B) OWNERSHIP
The register contains the name, surnames, date of birth and unique national number of the owner
The negative deed system officially does not contain records on ownership. We only collect and archive deeds.
One will not find here the typical ABC structure you find in Title systems.
If you ask for information we will give you a time related record of the deeds that are in our documentation. You will get the date of the deed and the date and references of registration. If necessary, one can consult the deeds themselves.
In these deeds one will find all details of the transaction. However, since we have a causal juridical system, in case of discussion, proof of ownership will only be delivered by court, generally on the basis of undisturbed possession during the period necessary for prescription.
If a matrimonial contract involves the transition of immovable property, the deed has to be registered as well.
However for reasons of administration we keep records in which we can see details on matrimonial regimes, mortgages.
C) MORTGAGES AND BURDENS
For mortgages an excerpt of the deed, presented by the notary, is registered. In this excerpt, the main features of the deed are taken over. If you ask information on a person, concerning a property, one will get a copy of this excerpt. In there one will find the parties, the property, the covered amount of money….
If a servitude is installed by an exclusive deed, the excerpt out of the register will inform you about the existence of this deed and, if possible, the particular affected properties. If it is included in a deed where there a transition of property is acted, one will have to consult it in order to be informed properly.
Usufruct , if organized on a contractual basis, is handled as a real right, the same way as property.
However usufruct may occur by inheritance as well. In this case one will find no trace of that in the records of the Register. The reason of it is that inheritances in Belgium happen “Ab intastat”, by the simple fact of the dead. Right now ( 2017) some legislative initiatives are taken in order to include these transitions in the Register as well.
Juridical measures, generally cause an annotation next to the deed where the property has been acquired. It goes for warnings, freezing seizure and some court decisions. Information out or the Register will mention them. The details can be found in the bailiff’s deed that is kept in the documentation.
