Relationship between LR and Cadastral
Overview:
It’s an approach to define the relationship in each country between Cadastre and Land Registries, which is variable depending of the system (separated functions, merged, type of cooperation…)
1. Are Land Registry and Cadastre different institutions?
a) Yes
b) No
2. In the case of affirmative answer:
a) What is the role and effects of the Cadastre?
b) What is the role and effects of the Registry?
c) How are the plots described in the titles registered?
– Only literary
– Literally but complemented by a plan
– Literally but complemented by a graphical base officially georeferenced, as cadastral certificate with the description and graphics.
– Literally but accompanied by a graphical base officially georeferenced created by a technician at the request of the parties.
– Is the use of plans or graphical bases only compulsory for the first registration and acts of segregation and division or in all cases of transmission or easement constitution?
d) Is there any coordination or collaboration procedure between the Cadastre and the Land Registry?
e) Does the Registry give information about the limitations or restrictions in the public domain or based on reasons of social or environmental interest?
f) Are the urban restrictions recorded in the Registry?
g) Can online Land Registry information be obtained through a centralized system or a redirected access to the relevant Registry?
h) Can Land Registry information containing a graphic report that identifies the property and explains the global legal situation and effects be requested?
i) What other kind of information can provide your Land Registry System?
j) Does the Registrar scrutinies the formal and substantive legality of the documents to be registered?
k) Does the registrar scrutinies , in addition, the total or partial non-coincidence of the graphical bases with others previously registered?
l) Is it necessary a public deed or private documents are also registered?
m) Are electronic documents also admitted?
n) Is the Registry responsible for the veracity of the information if is wrong?
o) Are the effects of Registry publicity regarding the property and the charges different to the restrictions of public domain?
p) Do the neighbouring owners take part in the process of defining the property?
3. If the answer to the first question was negative and both institutions are integrated in the same department or agency, so they provide a unified service:
a) What are the effects of the Land Registry System?
– Simple information and fiscal control, as well as graphical representation of the plots
– Besides, unregistered titles can not be opposed to the ones registered: Negative effect of the registration.
– Besides, it produces conclusive title effects against third parties: Positive effect.
b) The definition of the plots is made according to maps or geo-referenced mapping.
c) The drawing up of the plan or mapping is carried out by the technicians from the Registry or is it a technical report provided by the interested parties
d) It is required in any transmission or only in the first registration and later modifications.
e) The formal and substantive validity of the documents is scrutinied by the Registrar, as well as the no concurrence or overlap of the graphical basis.
f) Charges are publicized
g) Public, environmental and urban restrictions are recorded.
h) Online information can be obtained
i) Land Registry information containing a graphic report that identifies the property and explains the global legal situation and effects can be requested
j) The Registry is responsible for the veracity of the information if is wrong?
k) The effects of the Registry publicity regarding the property and the charges are different to the restrictions of public domain
l) The neighbouring owners take part in the process of defining the property
4. If the answer to the first question was negative because both institutions are not integrated, but they share information or have distributed their tasks:
a) What information is the responsibility of the Cadastre?
– Only the graphical definition of the plots
– Graphics and crops
– The above-mentioned and buildings
– Tax assessment
– Easements
b) What information is contained in the Registry?
– Only ownerships and mortgages
– Also other charges and easements.
c) Which organism is in charge of publishing the restrictions of public domain and restrictions for social interest, environmental or urban reasons?
d) Is there any legal verification of the modifications made in the cadastral database? Must the Land Registry necessarily start from the description of the property and buildings held in the Cadastre?
e) Which is the qualification of the authority in charge of the Cadastre?: surveyor, geometer, etc
f) Which is the qualification of the Land Registrar? Judge, civil servant, lawyer, conveyancer, etc
g) Is it possible the integrated online Registry information or should it be requested separately to both organisms?
h) Land Registry information containing a graphic report that identifies the property and explains the global legal situation and effects can be requested.
i) The Cadastre and Registry are responsible for the veracity of the information if is wrong.
j) In case of different information, what are the legal effects in each case?
k) The effects of the Registry publicity regarding the properties and the charges are different to the restrictions of public domain.
l) The neighbouring owners take part in the process of defining the property.
