Legal effects of Registration

A) Internal effects: effects to the right itself and the entitlement

a) Registration and the process of transfer/acquisition of property rights

Constitutive vs. declarative

Compulsory vs. voluntary

b) Effects to legitimize the owner

Legal presumptions. Registration as evidence of the right

Effects of registration and possession: adverse possession

Remedies and procedural actions derived from registration: actions derived from registration.

B) External effects: effects to third parties

Negative effect: opposing effect of registered rights against non registered rights.

Positive effect. Indefeasibility principle. Bona fides effect. Requirements

C) Different kinds of registration and its effects:

a) Class of title

b) Type of entry

c) First registration limitations

d) Type of information: physical data/ legal data, associated data…     

Estonia has a system of strong Land Register.

Immovable property rights are created, amended and deleted by the entries of Land Register.

Estonian Land Register is a title based electronic register. The right has to be entered in the Land Register in order to be valid.

Legal value- information entered in the Land Register is presumed correct.

Public- everyone has the right to examine land register information and  to receive extracts therefrom pursuant to the procedure provided by law.

No one may be excused by ignorance of information in the Land Register.

To see the valid and legal meaning Land Registry data online please check Estonian e-Land Registry:  http://www.rik.ee/en/e-land-register.