Limitations

1.    Are all legal rights in property capable of registration in your system? If not please state the legal rights or interests in land that must be investigated outside of the registration of title system i.e. those that could bind a bona fide purchaser for value without notice without registration?

The Finnish land registration system is based on the principle of numerus clausus.

Other rights than those mentioned in the Code of Real Estate are not capable to be registered in the Land Register. However, most of the essential rights are capable to be registered in some other register, for example in Real Estate Register (Cadaster), in which easements and servitudes, rights to use a road etc. are registered.

Some other rights, for example the spouse´s right to the common dwelling may be investigated from the Population Register.  Most of the essential rights concerning the property are registered in a way or another.

•  Is it possible to create property rights different from the ones regulated by the law? – numerus clausus or numerus apertus-  (EU Adapt project)

Yes

2.    To whom does responsibility for investigation of such rights apply?

In the first hand the seller of the property is responsible to inform the buyer about all the adequate and essential defects and barriers to the planned purchase.

3.    What protection if any is available to parties who are bound by property rights that are not capable of being recorded on the title registration system? (For example “hidden rights” such as certain easements that may run with land without a legal requirement for registration).

If the seller has neglected to give all the relevant information has the buyer the right to price reduction or if the damage is essential, to cancel the sale. However, the buyer is not entitled to invoke a defect in quality which could have been noticed in an inspection of the real estate prior to the conclusion of the sale.

4.    Are the boundaries conclusive in the registration of title system? If not, are they guaranteed by another state agency/government department/authority?

Yes, they are conclusive (see also the answer to the question 14 in section «Why register»)

5.    How does an aggrieved party remedy any boundary error?

In the case of neglected information by the seller, may he or she turn to the seller and demand price reduction.  If there is a defect in the Register may the parties turn to the register authorities.

According to Real Estate Formation Act if there is any ambiguity concerning the place of the boundary or the boundary marks are the parties involved entitled to have property definition made by a surveyor.

In case the cadastral procedure has general importance, for example if by the surveying procedure removal of a defect is allowed in the registered property division or the reliability and clarity in the Register may be improved are the costs to be paid from States funds.