Relationship between LR and Cadastral
1. Are Land Registry and Cadastre different institutions?
Land Registries and Cadastre are different institutions. The Land Registries are the offices where information relating to real estate is registered and becomes public. The Cadastre is a public S.A. with a main role to conduct tha land surveys, provide cadastral data as well as legal information relating to real estate.
The two institutions are not integrated, but the law provides for their future integration, as soon as the land survey is completed and there is cadastral data for the whole national territory. Until then and given that the land survey has not started at the same time for the whole national territory, for every area that is mapped, the Cadastre provides cadastral data to the competent Land Registry which from that point on functions as an interim Cadastral Office using the cadastral system which replaces the existing person based system of transcription.
The Land Registrar, who is by law a conveyancer holding a judicial office (just as a lawyer or a notary), become Principle of the Cadastral Office maintaining his status.
2. In the case of affirmative answer:
a) What is the role and effects of the Cadastre?
The Cadastre as an institution was introduced by law 2308/1995. As mentioned above (VIII 1.), its main role is to conduct land surveys and to provide cadastral data as well as legal information relating to real estate. According to the existing legal frame, the Cadastre provides Land Registries with cadastral data, a plot-based system which replaces the existing person-based system of transcription. In practice, as mentioned above, the existing Land Registry functions as Cadastral Office.
Since the land survey conducted by the Cadastre, has not started at the same time for the whole national territory, this transition from one system to the next takes place progressively and has not been completed yet, thus, for the moment there are two systems in force relating to land registration. To be noted however that both systems are currently applied in the Land Registries.
According to law 2664/1998, there are 6 basic principles governing the new cadastral system which will eventually replace that on transcription :
- the principle of the plot-based organisation of the cadastral data
- the principle of legality of deeds
- the principle of time priority
- the principle of publicity of cadastral books
- the principle of security of public faith on cadastral data
- the principle of “open Cadastre” (meaning that the system is adequate to adjust to any modification relating to real estate)
b) What is the role and effects of the Registry?
The Land Registry is the office where every act relating to property rights on real estate is registered. This also applies in areas which have been mapped and there is cadastral data. As mentioned above, it is the Land Registry who operates both system, the old one of transcription and the new cadastral system. The registration has substantive force, meaning that any act not registered does not produce legal effects.
c) How are the plots described in the titles registered?
- In Land Registries which function with no cadastral data, even though the system in force is person based, the description of the plot is always needed in the titles to be registered and it is literal, complemented by a detailed plan.
- In Land Registries which function as Cadastral Offices, plots are described literally but complemented by a plan and also by a cadastral certificate with the description and graphics taken from the cadastral georeferenced data base.
In both systems, the description is compulsory in all cases or transmission or any property right constitution.
d) Is there any coordination or collaboration procedure between the Cadastre and the Land Registry?
As mentioned above, the Cadastre provides cadastral data to the Land Registry in areas where the land survey has been completed. Once the data has been provided, all registrations or modifications of this data is conducted by the Land Registries.
e) Does the Registry give information about the limitations or restrictions in the public domain or based on reasons of social or environmental interest?
In Land Registries which operate the cadastral system, this information is available.
f) Are the urban restrictions recorded in the Registry?
The majority of urban restrictions are recorded in the Land Registry.
g) Can online Land Registry information be obtained through a centralized system or a redirected access to the relevant Registry?
The existing law does not provide for on line Land Registry information. The electronic cadastral database operated in numerous Land Registries is centralized, but access to this information is only available to the public at the relevant Registry.
h) Can Land Registry information containing a graphic report that identifies the property and explains the global legal situation and effects be requested?
In Land Registries which function with cadastral data, it is possible to request information containing a graphic report that identifies the property and presenting its global legal situation. In Land Registries operating the old person-based system of transcription, the legal situation of the property is ascertained by searching the registrations under the name of the owner and the previous owner (the latter applies for property rights which follow the property independently of the person of the owner, namely mortgage rights).
i) What other kind of information can provide your Land Registry System?
The information available in the Land Registries refers to the description of the property and its global legal situation (ownership, mortgages, seizures, claims, easements, leases and any other property right which is by law subject to registration. Under the existing legal framework, no other information is included. However, one of the basic principles ruling the new cadastral system is that of the open Cadastre, meaning that the system is adequate to adjust to any modification relating to real estate in the future.
j) Does the Registrar scrutinies the formal and substantive legality of the documents to be registered?
In Land Registries operating the old person-based system of transcription, the Registrar scrutinies only the formal legality of the documents to be registered.
In Land Registries operating the new cadastral system, according to the principle of legality of deeds, the Registrar scrutinies both the formal and substantive leagality of the documents.
k) Does the registrar scrutinies , in addition, the total or partial non-coincidence of the graphical bases with others previously registered?
In Land Registries operating with the cadastral database, in case of no coincidence of the description of the plot and the graphical base, the act cannot be registered.
l) Is it necessary a public deed or private documents are also registered?
Only public documents can be registered in the Land Registry, namely notarial acts, court decisions and administrative acts
m) Are electronic documents also admitted?
No, for the moment the law does not provide for electronic documents.
n) Is the Registry responsible for the veracity of the information if is wrong?
Yes, the Land Registrar is responsible for the correction of any mistake reported or ascertained.
o) Are the effects of Registry publicity regarding the property and the charges different to the restrictions of public domain?
—
p) Do the neighbouring owners take part in the process of defining the property?
Yes, in Registries operating the cadastral system the neighbouring owners take part in the process of defining the property, but only in case of corrections of the cadastral data relating to the surface and the borders of the plots.
