Precautions when opening a new land registry file
1. Are there any special precautions at the land registry services in order to avoid errors when opening a new file?
Land Register Act
https://www.riigiteataja.ee/en/eli/519062017006/consolide
§ 81. Opening register part
(1) Before opening a register part for an immovable which has not been entered in the land register, a land registry department shall publish a notice thereof in the Ametlikud Teadaanded and in any other manner available to the persons concerned.
(2) The notice shall set out:
- the location and area of the immovable to be entered;
- the name of the person to be entered as the owner;
- a proposal to persons to notify the land registry department of any errors or inaccuracies present in the notice within one month after publication of the notice in the official publication Ametlikud Teadaanded;
- the name and location of the land registry department.
(3) A complaint filed with respect to the opening of a register part and an entry to be made does not prevent the opening of the register part. The person who filed the complaint may request permission that a notation be made in the register part to be opened from the person who will be entered in the land register as the owner.
2. If an error occurs and a land registry file describes the same immovable for a second time, what is legally determined to do?
The current IT-system does not allow to use same cadastral unit twice.
It is possible that at the beginning of land reform there might be some mistakes in measuring the land plots and some boundaries were incorrect.
In case of incorrect boundaries there is possible to measure the plot again. Then it is solved in administrative procedure.
Law of Property Act
§ 129. Determination of boundary
(1) The owner of an immovable shall assist in determination of a boundary on the justified demand of a neighbor.
(2) If a boundary cannot be determined in any other manner, the extent of possession shall be taken as the basis. If the extent of possession cannot be determined, an equal share of the land in dispute shall be added to each immovable.
(3) If determination of a boundary in the manner provided for in subsection (2) of this section gives a result which is contrary to verified information concerning the size and other circumstances of the immovable, the boundary shall be specified considering the size and other circumstances of the immovable.
(4) Expenses for determination of the boundary shall be borne by the neighbors equally unless otherwise provided by law, a court decision or transaction.
Is there a different procedure depending on whether the new file repeats totally a previous file or only a part of a previous file?
If the owner and neighbors does not come to arrangement and there is a dipute then it is possible to solve this in civil procedure at county court.
Law of Property Act
§ 80. Reclamation of thing from illegal possession
(1) An owner has a right of claim against anyone who possesses a thing of the owner without legal basis.
(2) The claim of the owner shall be for recognition of the right of ownership and reclamation of the thing from illegal possession into the owner’s possession.
3. Once the error is identified what happens to the rights and the charges registered in both files? And what about subsequent entries?
The court will decide it.
4. Is there any internal (intra-system) land registry procedure to solve this sort of problem or does it require judicial intervention?
It depends if this a technical mistake or legal mistake.
In case of technical mistake the land registry can solve this by asking the consent of persons concerned.
In case of legal mistake or dispute the court will solve this.
