LR Unit (Section A)

Land registry based on the real folio principle.

Some land registration systems consider any immovable asset, regardless its nature or situation, a subject matter of registration. Others restrict the concept only to those specified by law, or even create legal fiction of immovable assets with regard to the registration in the land registry.

1. Is there any specific provision in your law that regulates what can create a new land registry file (a new folio)? Could you please state that provision? What is the basic unit in the land registry? What can open a folio? Only Immovable assets by nature, or also immovable assets by legal fiction (by disposition of law)?

According to Article 9 of the Real Property Register, the following immovable things shall be registered in the Real Property Register if they have been formed as separate real property units and have been attributed unique identifiers in the procedure established by the Law on the Real Property Cadastre:

– land parcels;
– structures;
– apartments in multi-storey houses;
– Premises.

Immovable thing is registered by making an entry of Register objects and by providing a Register number to that entry, while each immovable thing is given a unique number (an identification number).

Entry in the Real Property Register can be created for a land parcel, a structure and a premise. One entry of Register objects contain data about:

– land parcel (if it does not contain structures);
– land parcel and therein erected structures;
– structures (if there is no formed land parcel for them);
– apartment, premises;
– engineering structures, whose functions are not directly related to the land parcel.

Law Article 1 of Real Property Register; Purpose of the Law

This Law shall regulate the registration of land, buildings, structures and other immovable things (hereinafter referred to as «immovable things»), real rights to immovable items, encumbrances of these rights, legal facts stipulated by laws in the Real Property Register.

Article 5 of the Real Property Cadastre; Objects of the Real Property Cadastre:

1. Objects of the Real property Cadastre are deemed the following immovable things:

• Land parcel;
• Structure (including unfinished), which requires a permit for construction or reconstruction to construct a new structure or reconstruct;
• Premise which is formed as a separate immovable object in the manner prescribed in Article 7(1).

Regulations of Real Property Register:

13. Objects of the Register – immovable things indicated in the Law on Real Property Register, real rights to immovable things, encumbrances of these rights, legal facts associated with immovable things, real rights to immovable things, encumbrances of these rights as well as gifting, sales and lease contracts of enterprises.

Point 52 of Regulations of Real Property Register:

One entry of the Register objects contains data about the following immovable things:

52.1. Land parcel (if it does not contain structures);

52.2. Land parcel and therein erected structures;

52.3. Structures (if there is no formed land parcel for them);

52.4. Apartment, premises;

52.5. Engineering structures, whose functions are not directly related to the land parcel.

2. Could an immovable asset, being part of a bigger immovable asset already registered, be separated in the land registry by opening a new file (a new folio)?

How are these situations organized: is there any link or connection between different real folios?

A registered immovable thing (land parcel, structure, premise) can be transformed by dividing or subdividing it (also merging or by amalgamation).

In case an immovable thing registered with the Real Property Register is divided, subdivided (also when some are merged), the newly formed immovable things recordable in the Cadastre are given new identification codes and their former identification codes become archival.

Links between archival and newly formed real property register entries (the origin of the things) are provided for in the entries of immovable things in the Register.

Newly constructed structures are registered in the register entry of the land parcel.

If the structure and the land parcel are registered in the different registry entries – a link between the registers is indicated.

Registry entry of an apartment and premise provides a link to the registry entry of the structure in which the apartment or premise is located. Registry entry of the structure indicates any premises and apartments in the structure.

All these cases are described in Real Estate Cadastre Law (Article 7), Regulations of the Real Property Cadastre (items 103-104), Law on Real Property Register (Article 11), and Regulations of the Real Property Cadastre (item 11)

3. What is the legal criterion that defines the object of land registration (Please select all possibilities, applicable to your system):

• The nature of the asset
• The object of the contracts
• Legal relationships
• Identification capability

Is there a connection between the object of the legal traffic and the land registry entity? If so, could you please describe this conne

There is. The transaction object can only be the real property object registered in the Real Property Register.

4. Identification of the LR entity: Is each land registry entity identified by a single identification number? Is it created, maintained and written off by the Land registry organization?

Each immovable object registered in the Real Property Register is given an identification code that is unique nationwide and remains unchanged the whole existence of the immovable thing.

Regulations of the Real Property Cadastre:

102. Upon recording the data about the real property object, the Units of Cadastre Keeper shall allocate an identifier for each immovable thing:

102.1. Land parcel is allocated:

102.1.1. The cadastre number of land parcel consisting of three-part twelve digital symbols – “XXXX/YYYY:ZZZZ” (XXXX – a code of the cadastre area, YYYY – a code of the cadastre block, ZZZZ – a parcel number in the cadastre block);

102.1.2. The unique number of land parcel consisting of twelve digital symbols – “XXXX-XXXXXXXX” that remains stable while the land parcel exists.

102.2. A structure (buildings and engineering facilities as well as incomplete constructions) shall be allocated a unique number of structure consisting of twelve digits – “XX/XXX-XXXX-XX-X” that remains stable while the structure exists.

102.3. A premise formed as an individual real property object shall be allocated a unique number of premise consisting of sixteen digital symbols – “XX/XXX-XXXX-XX-X:XXXX” that remains stable while the construction exists.

103. In the event of subdividing or partitioning the immovable thing, or merging several immovable things that are registered in the Real Property Register, new identifiers shall be allocated for these newly formed immovable things recorded into the Cadastre Database. The former immovable thing identifiers shall be deemed archival. The archive data shall be stored in the Central Databank of the Real Property Register in the manner prescribed for in the Regulations of Real Property Register approved by the Government of the Republic of Lithuania on 12 July 2002 Resolution No. 1129 (Official Gazette, 2002, No. 72-3077).

104. The identifiers of immovable things registered in the Real Property Register that have been re-allotted shall not be changed. In this case, cadastral data about the immovable thing recorded in the Cadastre Database shall be only amended.

5. If a Land Register identification number is applicable to your situation: could you please describe the way this LR ID number is structured. Could you please share a (specimen) identification number?

Land parcel is granted:

– The cadastre number of land parcel consisting of three-part twelve digital symbols – “XXXX/YYYY:ZZZZ” (XXXX – a code of the cadastre area, YYYY – a code of the cadastre block, ZZZZ – a parcel number in the cadastre block);

– The unique number of land parcel consisting of twelve digital symbols – “XXXX-XXXXXXXX” that remains stable during the entire period of existence of the land parcel.

A structure (buildings and engineering facilities as well as incomplete constructions) shall be allocated a unique number of structure consisting of twelve digits – “XX/XXX-XXXX-XX-X” that remains stable during the entire period of existence of the structure.

A premise formed as an individual real property object shall be allocated a unique number of premise consisting of sixteen digital symbols – “XX/XXX-XXXX-XX-X:XXXX” that remains stable during the entire period of existence of the premise.

– Which other information is needed for a easy and complete identification of the entity? (Please select all possibilities, applicable to your system):

Land parcel, cadastral number or a unique number; for other registry objects, an unique number.