The content of the information

GENERAL ISSUES:

A graphic example of a piece of information.

A) PROPERTY

1. Description:

Part A or Part I of the land book includes a description of the immovable indicating:

•    serial number (e.g. A.1.)
•    cadastral number
•    description of the immovable:

o    localization/address of the immovable
o    destination (inside/outside the city) and/or category of use (arable, forest, etc.)
o    destination and the description/composition of construction
o    Category of use, destination and description of constructions are taken from the cadastral documentation and entered in the land book.

•    land surface is expressed in current legal units (e.g., m2) in which will be transformed the old units.

Part A of the land book is supplemented by the annex of this part, which includes immovable plan (geometry) neighbourhoods, immovable description and inventory of coordinates.

2. Condominium or not.

For registering an immovable with a construction/building – condominium – with some common and undivided parts and the rest being individual parts, there is prepared a collective land book for the whole construction and an individual land book for each individual property which can be represented by apartments or spaces with other destination than housing purposes.
Collective land book contains a collective sheet which includes data from the book of owners’ association regarding: list of apartments, building surface, usable area of apartments, description of common parts and land surface afferent to the building.

3. Cadastral identification.

The immovable are numbered on the administrative-territorial units (commune, town, and city) in order of registration applications with numbers from 1 to n using arabic numerals.
If the immovable has not been entered in the land book its cadastral number is given following the last number assigned on the administrative-territorial unit.
Within each building, constructions are identified by a code attached to the cadastral number, consisting of the letter “C” followed by a number from 1 to n (e.g. C1, C2, C3 …).
Inside the construction – condominium – individual units/properties (e.g. flats) are numbered as follows: to the cadastral number of the immovable (land) and construction code, there is added the individual property code (e.g. 100-C1-U10 for property consisting of land with cadastral number 100, construction C1, and individual unit 10).

4. Degree of legal protection of the physical data.

Issues concerning the protection of personal data are listed in point 1 of Chapter I.
The administration of electronically database is done by the National Agency for Cadastre and Land Registration, and the offices of cadastre and real estate publicity. These data are protected from unauthorized access by an information security system. A backup of cadastral and/or land book registers and records maintained in digital format, is saved for the recovery of the database in case of compromise. This copy is updated regularly and is not currently used.
Access to information contained in databases is done only by persons authorized by the National Agency for Cadastre and Land Registration.

5. Is the information of this section integrated in/ provided by/ identical to/ coordinated with the Cadastre information? Describe the relationship between both information systems (Cadastre and LR)

Applications for subscription/upgrade the information relating to the immovable, included in the integrated cadastre and land book system, are dealt with by an integrated workflow through the department of cadastre and the department of real estate publicity (land book).

Documentations through which the entries are made in the land book are made in a single file that includes both the necessary technical part for cadastral reception and legal documents necessary for registration in the land book.

The information to be entered in Part A of the land book is taken from cadastral documentation, if it was received by the inspector from the cadastral department.

Cadastral (technical) reception which is performed by cadastral department, involves the following:

•    to check technical content of documentation;
•    to check in database the existence of authorized person who prepared the documentation;
•    to locate the immovable site in graphics database, checking the correctness of its framing limits;
•    to verify the calculation of surfaces;
•    to determine the correlation between descriptive attributes and the graphics ones;
•   to allocate the cadastral number, if the immovable is not included in the cadastre and land book records.

If deemed necessary, the cadastral inspector may carry out checks on the ground, on the correctness of the technical documentation prepared by the authorized person.

Then, the documentation is transmitted to the real estate publicity department to check the legal aspects and to make the entry in the land book.

If the documentation is incomplete, shall prepare a report for completing with all data, documents or information missing or requiring restoration/modification. The report includes analysis and motivations appropriate formulated by the cadastral department and the land book department. It will be issued only once for a file submitted for acceptance in the cadastral and land book evidences.

If the technical documentation has been received without complying with legal provisions, the cadastral inspector completes a rejection note. This note shall be submitted together with the documentation to land book department, to prepare rejection by the land book registrar, even if the legal items meet the criteria for admission. Similarly, all documentation is rejected if the technical side is allowed, but there are legal impediments to deal with the application.

B) OWNERSHIP

Entries regarding the owner and his right of ownership are made in Part B or Part II of the land book. This part includes:

•    owner’s name or its business name (individual or legal person), personal identification code, tax identification number, tax registration code or unique registration code, where appropriate, assigned to them;
•    number and date of application for the entry in the land book;
•    juridical act or fact constituting the title of ownership, and the reference document on which the real right is based, number and date of its conclusion;
•    ways of acquiring property: modification, extinction or transfer of property rights as the exclusive property (own immovable), the unshared joint property (e.g. spouses) or joint shareable ownership (where specified the share of each co-owner), etc.;
•    transaction price;
•    servitudes (easements) in favor of the immovable;
•    legal facts, personal rights or other legal relationships and disputes relating to property;
•    any amendments, rectification or notes that would make in the title, in the A or B Part of the land book regarding the existing entries.
•    the matrimonial regime chosen by the spouses.

C) MORTGAGES AND BURDENS

Mortgages, other burdens and dismemberments of ownership are recorded in Part C or Part III of the land book.

– Mortgage: basis of the obligation ensured; amount of mortgage with distinction of guaranteed sums; deadline.

Upon signing the mortgage in the land book the following are mentioned:

a) number and date of application for the entry in the land book;

b) name of individual or legal person/entity in whose favor the mortgage is entered;

c) legal title to justify the mortgage guarantee;

d) amount of the guaranteed debt;

e) prohibition of alienation/encumbering, as appropriate.

– Easement: nature or basis of the right and particular properties affected by this servitude.

Easement is a self-subsisting real right, representing a dismemberment of property right.

Civil Code of Romania defines the easement as a burden imposed on a property (called dominated fund) for the use and usefulness of another immovable (considered dominant fund) that belongs to another owner.

Easement is entered in the land books of the immovable affected by this real right, as follows:

•    the easement in favor of immovable is set out in Part B of the land book of the dominant fund;
•    the easement encumbering the immovable is entered in Part C of the land book of the dominated fund.
•    Usus or usus fructus: name of the holder/ deadline if applicable.

The right of usufruct is an independently real right, representing a dismemberment of property right.

Civil Code of Romania defines usufruct as someone’s right to enjoy of an immovable, which is another’s property, just like the owner himself, but with the duty to preserve its substance.

Usufruct right is constituted by separating the ownership right attributes on the same object as follows: one person, the usufructuary possesses and uses the property and collect its fruits, the owner of such encumbered property remains only with the disposal right of property, i.e. the nude property, it is called nude owner.

The usufruct right is a temporary right by its nature. It goes at the latest on death of the usufructuary, so its maximum duration is the duration of its lifetime. If, as usufructuary, there is a legal person, the usufruct right cannot last more than 30 years.

Upon signing the usufruct right in the land book the following are mentioned:

a) number and date of application for the entry in the land book;
b) legal title to justify the usufruct right;
c) name of individual or legal person/entity in whose favor the usufruct right is entered;
d) deadline. If the usufruct right is for the lifetime of the usufructuary, in the land book does not mention the deadline, but is indicated lifetime usufruct.

– Annotations caused by Judicial Measures:

1. Attachment:

•    During the criminal trial, measures of seizure are taken by the prosecutor or the court, consisting of freezing, by establishing a seizure, of the immovable, in order to special confiscation, to repair damage caused by crime and to ensure the execution of penalty fine.

Measures of seizure for repairing the damage can take over the immovable of the accused person or the defendant and the civilly responsible person, up to the likely value of the damage.

Measures of seizure for repairing the damage can be taken at the request of the civil party or ex officio.

Seizure authority that applies the measures of seizure draws up a report on all the acts done, describing in detail the immovable seized, with an indication of their value. It also records the objections of parties or other interested persons.

For the immovable seized, the authority that ordered the seizure requires to the competent office of cadastre and real estate publicity the entry of mortgage on the property seized, enclosing copies of the document ordering the seizure and a copy of the minutes of seizure.

•    In civil proceedings, the creditor without enforcement title, but whose claim is proven by written act and is exigible, may request the establishment of an insurer seizure over the debtor’s immovable if he proves that he sued the debtor. He may be forced to bail in the amount fixed by the court.

The same right has also the creditor whose claim is not found in written form, if he filed the civil lawsuit and has deposited, together with the application of attachment, a bail representing one half of the amount claimed.

The court may allow the insurer seizure even if the claim is not exigible in cases where the debtor has reduced by his action the assurances given to the creditor or the debtor did not provide the promised insurances or when the debtor intends to escape from pursuing his immovable or to conceal or to dissipate his fortune.

The application for insurer seizure is addressed to the court which tried the process.

The court will decide in emergency, in closed session, without writing the parties, through an enforceable decision, while setting, if necessary, a bail amount and the term for it to be filed.

The enforceable decision is subject only to appeal within 5 days of communication.

Failure to submit the bail within the period fixed by the court has as result the abolition of the insurer seizure.

The measure of insurer seizure is fulfilled by the bailiff (judicial executor), according to the rules relating to enforcement procedure.

The insurer seizure established on an immovable will be immediately entered in the land book. The entry make the insurer seizure opposable against of all those who, after registration, will acquire any right over the immovable.

2. Dispute:

In the land book can be annotated the disputes regarding real estate rights over immovable. Of these, can be mentioned as an example the following:

•    any dispute which gives a litigious nature to a real right entered in the land book
•    the dispute regarding the delivery of the document through which a real right to be entered in the land book is transmitted or constituted
•    dispute of ending the joint ownership
•    complaints or criminal actions in connection with a crime that affected the entries in the land book, etc.

Annotation of a dispute regarding real estate rights to be entered in the land book can be made at the request of the interested party or ex officio, at the court referral.

Annotation is based on the copy of the action that bears the stamp and registration number of the court or registry court certificate that identifies the subject process, the parties and the immovable.

3. Prohibition of disposal:

Judicial prohibition as a separate institution is rarely-seen; for freezing properties are preferred attachments in order to comply with the provisions of the court.

Excepting the disputes on restoring private ownership and the legality of title, under the land laws, a dispute concerning a land with or without constructions does not prevent its alienation, or the constitution of real or other claim rights, as appropriate.

Conventional establishment of a freezing clauses is subject to justification of a serious and legitimate interest, the latter also causing the temporary nature of freezing (freezing clause cannot have perpetual nature).

According to legal provisions in force, the following prohibitions are entered in the land book: the alienation, encumbrance, rental, splitting, merging, building, demolition, renovation and planning.

Due to accessory nature of the prohibition, annotating the freezing clause in land book is dependent on the existence of a causal link between its determinant legal relationship and ownership of real property or other real right entered in the land book.