The content of the information

GENERAL ISSUES:

• A graphic example of a piece of information (see example annexed)

Entries are made into the register parts. Register part has a title and four divisions which are divided info spaces.

The title of a register part gives information about:

1. land registry jurisdiction;
2. land registry division if it exists;
3. registered immovable number;
4. name of the registered immovable if it exists;
5. other additional information (e.g what kind of registered immovable it is – a plot of land, right of superficies, apartment ownership or right of superficies in apartments).

A) PROPERTY

Description:

First division of register part “Composition of Registered immovable” provides the following information:

1.    the cadastral code of the registered immovable;
2.    the specific purpose of the registered immovable;
3.    the location of the registered immovable;
4.    the restricted real rights established for the benefit of the registered immovable;
5.    the area of the registered immovable;
6.    the merger and division of registered immovables and the joining of a part of a registered immovable with the registered immovable, or separation of a part of a registered immovable from the registered immovable.

The information about cadastral code, specific purpose, location and area is submitted by the cadastre. In Estonia there is inter-institutional collaboration between land register and cadastre. Land register is electronically connected to the cadastre, both land register and cadastre exchange data electronically.

B) OWNERSHIP

Second division of register part is called “Owner”. If the registered immovable is in shared ownership, the owners, whether the registered immovable is in joint ownership or common ownership and, in the case of common ownership, the size of the shares of the co-owners.

C) MORTGAGES AND BURDENS

Third division of register part is called “Encumbrances and Restrictions” and it provides information about:

1.    restricted real rights encumbering the registered immovable, except a mortgage, restrictions on immovable property ownership and notations concerning the restrictions;
2.    restrictions on the right of disposal of the owner of the registered immovable and other notations concerning ownership;
3.    amendments an deletion of entries mentioned above.

Fourth division of register part is called “Mortgages”:

1.    the mortgagee;
2.    the monetary amount of a mortgage (the sum of the mortgage);
3.    notations concerning a mortgage;
4.    amendments and deletion of entries mentioned above.

For the right of superficies an independent register part is opened ex officio. The title of the register part shall indicate that the register part is opened for the right of superficies and the following is entered in the first division of the register part:

Information provided in the second, third and fourth division is the same as in the register part of immovable.

1.    the word “right of superficies” and information concerning the composition of the registered immovable encumbered;
2.    the content of the right of superficies;
3.    the owner of the registered immovable encumbered;
4.    amendments to the information specified above.

The first division of the register part opened for the apartment ownerships also differs from the first division of the register part of immovable. The location and number of the apartment, the total area of the physical share of the apartment ownership, the size of the legal share of common ownership and the numbers of the other apartment ownership register parts are also entered in the first division of the register part.