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?

All rights in rem can be registered in Land Register; only certain rights that result from contract law can be registered.

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

No

•  In case the private parties are not allowed to create property rights different from the ones allowed by law, how broad is their freedom to determine the content of those rights? (EU Adapt project)

In Latvia it is recognized by law scholars that in our legal system numerus clausus principle in property rights is applicable to both aspects – the number and also content of property rights is limited to what is already determined in the Civil Law.

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

Land Register Law states what can be registered in Land Registry. In the end the judge takes a decision whether to register a right or not.

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).

N/A

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

Setting boundaries is a competence of State Land Service.

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

To correct any boundary error parties have to involve State Land Service. If the dispute persists, it should be solved through court.