Legal effects of Registration
I. PRELIMINARY REMARKS
Property rights are rights which vest in a person with respect to a property or land or pieces of land, inherent in his relation to them, and with exclusion of others or “against the world” (erga omnes). Property rights equal to real rights or rights in rem.
This erga omnes effect (against the world) demands that the relation between the subject and the object becomes publicly announced in order to be known by everybody who is called for its respect and recognition.
When we deal with goods and movable assets in general, possession is the most frequent and the most effective manner of publicity, but when we come to immovable asset, this is not the case. Property rights on Immovable assets demand a kind of publicity other than mere possession, and this is the land registry publicity.
All land registration systems serve this idea of publicity; however they differ in the effects given to this publicity with regard to the different aspects of a property right.
The effects of registration vary significantly along the different land registration systems in Europe, so a European single point of access to the land registry information must make clear which are the effects given to the information retrieved from each MS’s system. This is the purpose of this fact sheet
In order to facilitate the understanding of the effects of registration and to make more evident the comparison of the registration effects given by the different systems, two main areas are proposed, (although we must accept that this is a purely conceptual distinction).
The internal effect of registration, chapter is devoted to explain the effects of registration with regard to the registered right itself, and it comprises: the role of registration in the process of transmission of ownership or other property right in land. It is also referred to what extend registration confers the property right its main features, (erga omnes effect), and the legal effects confers to the registered right: assumptions (iuris tantum or iuris et de iure) (rebuttable or not), remedies derived from registration…
What we call the external effects are the effects of registration with regard to a third party. This comprises either the positive or the negative effect of registration, the degree of reliability in the registered right, and the indefeasibility’s conditions of the registered title.
We finally include a specific chapter to explain particular cases where general rules do not apply with regard to the effects of registration, due to the class of title, the type of entry or nature of the information contained in the land book.
