Process of Registration
1. How many stages are there in the conveyancing process?
There are 3 stages in the conveyancing process: the agreement between parties, the notarial stage that ends with drawing up a deed and sending it to the land register and the final stage regarding registration at the land register.
2. How many other agencies/departments/registers etc. must be dealt with or checked prior to signing a legal transfer or mortgage?
Stage 1: agreement between debtor and bank. The bank will do some checks containing other loans that may exist. Regarding the transfer of ownership there are no specific checks in this stage.
Stage 2: the notary will do the checks containing all possible relevant information regarding persons (for example: insolvency register), rights (for example: existing of servitudes) and objects (for example correct address). This information can sometimes be required in our organisation, and sometimes in other organisations.
3. Who is responsible for dealing with other departments/agencies?
When other departments or agencies must be consulted then the notary is responsible to do so.
4. At what stage of the overall conveyancing process is your organisation involved
The Kadaster is involved in the conveyancing process when the agreement between parties is received by the notary. Then the notary will do a first check in our on line system. The notary will ask us all the information he needs. Even after the deed is recorded in the land register the notary will do a last check about last-minute-charges.
5. Is any or all of the conveyancing process dealt with electronically?
The notary has to draw a deed on paper. A copy of this deed is send to
the land register electronically.
6. IS ANY OR ALL OF THE REGISTRATION PROCESS DEALT WITH ELECTRONICALLY?
All of the registration process is dealt with electronically.
7. When a deed/document or land registration form is lodged for registration, what is the general procedure involved in registering the effect of the deed?
A deed/document that is lodged gets a time stamp. In our system the time of recording of a deed is always the time the deed was offered to the land register. When updating the cadastre we do not rank the deeds. We just show the deeds with their recording time. When there are conflicting deeds the inquirers have to take the right conclusions regarding the ranking themselves.
8. How many stages are there in the registration of title process?
The registration process can be divided in two stages:
- accepting the deeds.
- updating the cadastre.
This is the same for all the examples. Only the example of transfer of part of the property can have a 3rd stage, namely surveying for the cadastral boundary.
9. What kind of entries are in your system?
A customer can ask online information about the cadastral object, the object – related persons and the object-related rights.
A customer can also ask the registrar to do inquiries in the land register regarding the chain of titles or regarding servitude rights. This information cannot be obtained from the cadastre.
A customer can ask online information about maps and can also ask surveyors to make the cadastral boundary visible in the field.
10. What is the average time taken to register a (1) transfer of all property (2) transfer part property (3) mortgage/charge?
The registration process can be divided in two stages:
- accepting the deeds. Within 24 hours it is certain whether a deed is accepted /recorded in the land register or refused. This is the same for the transfer of all property, part of the property and for mortgages / charges.
- updating the cadastre.
• Transfer of all property is completed within 5 working days.
• The registration of transfer of part of the property is also done within 5 working days, but if surveying is needed then the registration can only be completed after a few months. Sometimes this even takes more than a year.
• Information about mortgages / charges is completed within 6 working days.
11. At what level in the organisation is the final decision to register a title made?
The final decision to register a title is made by the registrar. The registrars are placed in a department that is led by one of the directors of the board.
12. To what extent are registration decisions in your country taken by a person with a professional qualification? What is that professional qualification?
Registration decisions are taken by a Registrar. The registrar must be a lawyer (law study must be completed).
13. If registration decisions are not taken by a person with a professional qualification, how are they taken?
Not applicable, see 12.
14. Is the decision to register a legal, judicial or administrative function (or mixed)?
The decision to register is a legal function. The function of Registrar is based on the highest registration regulation (Civil Code).
