Precautions when opening a new land registry file

The Romanian Land Registry Association

1. Are there any special precautions at the land registry services in order to avoid errors when opening a new file?

The surveyor has to check if there is no previous records regarding the immovable which is going to be registered. There are, at least, two different situations:

• There is no legal and no cadastral preexisting information.
• There is no cadastral information, but there is legal information. (actually there is also cadastral information, but in certain cases it is obsolete)

2. If an error occurs and a land registry file describes the same immovable for a second time, what is legally determined to do?

The simple case:
If the land registry describes twice the same plot in a very identical way, having the same description, same owner, same burdens and charges, land registry may cancel one of the records (the newest one, in my opinion).

The complicated case:
There are two land books referring to the same immovable, but containing different legal information (for instance, same identification of the plot, same owner, different charges). Based on the acceptance expressed by the parties proving a legitimate interest, one of the record can be canceled.

The more complicated case:
There are two different land books, with total different legal information. In this case, in the absence of an agreement betwwen the owners, the case must go to the court for a title comparation.

Is there a different procedure depending on whether the new file repeats totally a previous file or only a part of a previous file?

See previous answer

3. Once the error is identified what happens to the rights and the charges registered in both files? And what about subsequent entries?

In case the error represent a cadastral overlaping, a specific annotation may be entered.

In case the error is regarding also to legal information, parties may apply for the annotation of the litigation. This annotation affect the third parties, in the sense that the legal decision is opposable to the although they didn’t take part in the proceeding.

4. Is there any internal (intra-system) land registry procedure to solve this sort of problem or does it require judicial intervention?

No. The only way to avoid the court is an agreement between the interested parties regarding the rectification of the land book. However, in certain circumstances, plots may be repositioned ex officio.

National Agency for Cadastre and Land Registration

1. Are there any special precautions at the land registry services in order to avoid errors when opening a new file?

Yes. The E-Terra 3 computer system issues warning messages if the geometry of the immovable for which the opening of the land book is requested overlaps with an immovable already enrolled in the Land Book.

2. If an error occurs and a land registry file describes the same immovable for a second time, what is legally determined to do?

Rectification of the registration made in the Land Book or correction of material errors.

Is there a different procedure depending on whether the new file repeats totally a previous file or only a part of a previous file?

When an entry in the land registry does not correspond to the actual legal situation may require its rectification. By rectification means removal, straightening or correct any inaccurate entries made in the land registry.

Art. 908 civil code lists cases in which the rectification of permanent registration (“ intabulare” ) and provisional registration (“ înscriere provizorie” ) and shows the procedure to be followed in such cases.

Rectifying action can be introduced simultaneously or separately, after being admitted substantive action, where appropriate.

Substantive action may be an action for annulment, termination, reduction or any other cause of action based on the ineffectiveness of the legal act.

They shall be settled by the competent court according to the civil procedure code.

Effects admission rectification action are shown in art. 910 civil code.

Any interested person may request the rectification a notation, in the lack of the consent of the owner in accordance with art. 908 civil code.

Rectification will made pursuant to a final judgment and the right of this action is imprescriptible.

Correction of material errors committed during entries made in the land registry, other than those listed in art. 908 civil code as the basis of action for rectification can head on request or ex officio.

3. Once the error is identified what happens to the rights and the charges registered in both files? And what about subsequent entries?

One of the files will be closed and the entries are taken over the land book where the entries are right.

4. Is there any internal (intra-system) land registry procedure to solve this sort of problem or does it require judicial intervention?

Yes, it is possible to solve amicable, and in the case of disagreement shall be settled by the competent court according to the civil procedure code.