Status of the Land Registrar in each country
What is the status of the Land Registrar in your country:
a) Who is responsible for performing the act of registration of property rights?
NLS.
b) In case of doubt/appeal, who decides?
—
c) Must he/she have a legal educational background?
In NLS registration of ownership, mortgates or other rights:
– in cases where are difficult legal issiues and when it is necessary to interpret law, the decision must be made by a registration lawyer
– in other cases it’s not obligatory to have legal education
In NLS cadastral duties: there must be cadastral education.
Customers can appeal to the court about decisions made by NLS. And in court there are both judge and cadastral engineer handling the appeal.
d) Could you characterize the act of registration as a purely administrative duty or a quasi-judicial one?
A quasi-judicial one
e) Is the Land Registrar independent in his/her decision making? If yes, how does your legal system assures such functional independence (i.e. the decisions are only challenged before a court).
Yes. The Land Registrar must make the decision only based on law and facts on the case. Customer can appeal to the court made by NLS both in cadastral and registration matters.