Status of the Land Registrar in each country
National Agency for Cadastre and Land Registration
In your country, the Land Registry and the Cadaster are they different institutions?
a) Which are the main duties of the sole organization?
The main tasks are:
– identifying, describing and registering in the cadastral documents the buildings by their nature, their measurement and representation on maps and cadastral plans, as well as the storage of data on computer media;
– identification and registration of the owners, other legal owners of the buildings and the owners;
– providing the necessary data for the system of taxes and duties for the correct determination of taxpayers’ tax obligations, requested by the competent institutions;
– real estate advertising, which ensures the real property rights, personal rights, legal acts and facts, as well as any legal relations that are subject to publicity, regarding immovable property.
b) Which Ministry’s competence does it fall under?
The National Agency for Cadastre and Real Estate Advertising is organized as a public institution with legal personality, subordinated to the Government and coordinated by the Ministry of Regional Development and Public Administration. At each county level, cadastral and real estate publicity offices operate with entities with legal personality subordinated to the National Agency
c) Is land registration and mapping organized as separate departments within the organization?
Romanian Land Registry Association
What is the status of the Land Registrar in your country:
a) Who is responsible for performing the act of registration of property rights?
The responsibility for the registration of property rights is assigned to land registrars, who are law graduated and prove relevant expertise, according to the law.
b) In case of doubt/appeal, who decides?
There is an internal control over land registrars decision called reexamination. The reexamination is carried out by the chief land registrar at county level. Claims against chief land registrar decisions are submitted to the first court.
c) Must he/she have a legal educational background?
Yes.
d) Could you characterize the act of registration as a purely administrative duty or a quasi-judicial one?
Although the procedure is not clear, it is considered to be an administrative procedure under judicial control. It cannot be considered a pure administrative procedure, neither a pure judicial one.
e) Is the Land Registrar independent in his/her decision making? If yes, how does your legal system assures such functional independence (i.e. the decisions are only challenged before a court).
Yes.According to the art. 23 of Regulation nr. 1445/2016, issued by the general director of ANCPI ” The Land Registrar, the coordinating registrar and the chief registrar shall act independently in regard with the land registry decisions they issue.”
