Экзамен зачет учебный год 2023 / Study on Key Aspects of Land Registration and Cadastral Legislation. Part 1

RUSSIAN FEDERATION

b) Partly

The registration of rights to real property is open. Institution

carrying out registration of rights is liable to submit

information on any property unit kept in the Unified State

Register of Rights to any person that presents identification

card and a written application. (The Federal Law "Regarding

the State Registration of Rights", Article 7, Point 1).

SLOVAKIA

Cadastre of real estates is public - generally opened.

Everyone has the right to make extracts, copies or outlines of

it. The publicity of the set of documents (set of origin deeds)

is limited and is public only for the owners or other entitled

persons or for the persons who make geodetic work

concerning land consolidation, or for the person who makes

geometrical (division) plans or lay out the plot bounds or for

the person who performs the expert activities in the field of

geodesy cartography and cadastre.

SLOVENIA

Partly. The general ledger yes; but the collection of

documents shall be available only to a person who has

justifiable interest.

SPAIN

c) In certain circumstances. There should be an interest

(very often presumed).

SWEDEN

Yes, the register in its entirety is open to public inspection.

SWITZERLAND

b) Partly: art. 970, ZGB: information about the owner and

description of the plot of land (parcel)

c) In certain circumstances: wholly or partly depending on

the interest of the person seeking information.

TURKEY

a) (Written quests for any information will be answered)

UNITED KINGDOM - ENGLAND AND

b) Partly. For freehold properties the register and any

WALES

document referred to on the register (except a mortgage or

charge) is open to public inspection. For leasehold properties

the register is open (except again for a mortgage or charge)

but the lease, which forms part of the register is not.

UNITED KINGDOM - NORTHERN

a) Wholly

IRELAND

UNITED KINGDOM - SCOTLAND

a) Wholly

ALBANIA

An approved enquirer can obtain a copy of any register

(kartela) or map of a registered property.

ARMENIA

An enquirer can obtain only non State-confidential copy of

register, but not a map of a registered property.

AUSTRIA

Everybody can obtain such a copy.

BELARUS

No, as a rule.

BELGIUM

Yes

BOSNIA AND HERZEGOVINA

Yes

CANADA - ALBERTA

Yes

CANADA - BRITISH COLUMBIA

Yes, copies of any record may be obtained.

CANADA - MANITOBA

Yes

CANADA - ONTARIO

Any person can obtain a copy of any register and of any

document or any registered or deposited plan of survey.

CANADA - PRINCE EDWARD ISLAND

Yes

CANADA - SASKATCHEWAN

Anyone can obtain a copy of any register or plan of a

registered property.

CROATIA

Yes

CYPRUS

Yes. A copy of the map may be obtained by everybody.

CZECH REPUBLIC

Everybody can obtain a standard extract from the register

and a copy of part of cadastral map. It is possible to obtain

even copies of deeds and other documents filed.

DENMARK

Yes

FINLAND

Anybody can obtain such copies.

FRANCE

The Land Registrar has to give information to those that

require copies or extracts of registered documents or extracts

of the real estate index. In return, the Land Registry does

not give out the cadastral plans representing the registered

property. Copies or extracts of those plans are accessible

from the tax registration centre (CDIF) - or Cadastre Office,

which are also services of the DGI but separate from the Land

Registry. These services have several purposes: fiscal

(determination of a cadastral evaluation for each property

built or unbuilt in the light of its imposition to the registry’s

tax), registration (identification of building and of anyone

disposing their rights on those buildings) and technical

(preparing and keeping up to date the cadastral plan [only

the fragmented plan has a wider priority] covering the whole

of the territory and kept continuously up to date).

GERMANY

Yes

GREECE

Yes

HUNGARY

Authentic copies of property sheets may be obtained for a fee

defined by law.

ICELAND

Yes

IRELAND

Yes - any member of the public may do so on payment of

the prescribed fee.

ITALY

Yes; but some limitations exist due to the form of title (e.g.

copy of a contract, drawn up in public form, can be issued

only by the public officer that drew up the contract.)

KYRGYZSTAN

Yes, except in the case of state secrets

LATVIA

Yes, an approved enquirer can obtain a copy of any register

or map of a registered property.

LITHUANIA

Yes, the register is open to public inspection.

MALTA

Yes

NETHERLANDS

Yes, he can

NORWAY

Yes

POLAND

Certified copies of entries into the land and mortgage register

are issued upon request to:

-

interested persons,

-

the court,

-

public prosecutor,

-

notary public,

-

territorial self-government units,

Certified copies of entries cancelled from the land and

mortgage register are issued upon request to:

-

the court,

-

public prosecutor,

-

territorial self-government units,

-

upon the request of the person to whom the deleted entry

referred.

Certified copies of documents kept in the files of the land and

mortgage register are issued upon request to:

-

interested persons,

-

the court,

-

public prosecutor,

-

territorial self-government units,

-

notary public.

(The documents which constitute the basis for an entry

may not be issued.)

REPUBLIC OF MOLDOVA

Extract from the Register may be issued to the property

owner concerned, whereas the cadastral information may be

issued to any person.

ROMANIA

Yes, when this proves a legitimate interest.

RUSSIAN FEDERATION

An inquirer can obtain a copy of a property unit description,

rights to it registered, as well as restrictions and

encumbrances of them. (The Federal Law "Regarding the

State Registration of Rights", Article 7, Point 1).

According to law other data kept in the Register can be

submitted only to:

*

a right holder him/her/itself;

*

physical persons or legal entities that received a letter of

attorney

*

heads of local authorities and heads of the government of

the Russian Federation entities

*

taxation authorities within their jurisdiction;

*

courts or law-enforcement agencies which deal with the

cases related with concrete real property units and/or

persons who hold rights to them;

*

persons who have the right to inherit real property units

according to law or testament.

SLOVAKIA

Yes, each enquirer can obtain such information (a term

"approved" or "non-approved" is unknown)

SLOVENIA

Yes

SPAIN

Yes

SWEDEN

Yes, an official extract (gravationsbevis, certificate of search)

from the Land Register can be obtained at a fee set by

statute. This document contains information from both the

Land Register and the Property Register (cadastre) as well as

valuation information. This computered-generated document,

which is not signed, can be ordered from any PC or other

equipment connected to the Land Data Bank system (which

the Land Register is part of) or by contacting any of the Land

Registration Authorities by telephone, post or in person.

A copy of the map of the registered property can be obtained

from the County Cadastral Authority.

There is no such thing as an "approved enquirer", as all

information is open to the public.

SWITZERLAND

Yes

TURKEY

Yes, it is possible to obtain copies

UNITED KINGDOM - ENGLAND AND

Yes

WALES

UNITED KINGDOM - NORTHERN

Yes

IRELAND

UNITED KINGDOM - SCOTLAND

Yes

ALBANIA

Yes

ARMENIA

Yes

AUSTRIA

No. but the documents which are the basis of the registration

("title", containing the purchase price) are collected as part of

the land book and can be inspected as well.

BELARUS

Yes, from 1999

BELGIUM

Yes

BOSNIA AND HERZEGOVINA

No

CANADA - ALBERTA

s.154 of the Land Titles Act provides that the Registrar shall

not perform any duty (i.e.: register any document) until fees

are paid. The value of the land is ascertained by an oath or

affirmation of the transferee of the land which provides

evidence of the value in the"opinion on the transferee". While

this can generally be relied on to be market value in "bona

fide purchaser for value' situations, this is not always the

case.

Regardless of this, the value as established by the affidavit

of transferee is recorded in the register and reflected on the

title.

CANADA - BRITISH COLUMBIA

Yes, it is necessary to declare the consideration paid when

applying for registration.

CANADA - MANITOBA

The amount of the purchase is shown on the document which

effects the transfer. This is available either online or by a

search of the registered document.

CANADA - ONTARIO

Yes. The purchase price is recorded on the land register.

CANADA - PRINCE EDWARD ISLAND

No. Affidavits of consideration must accompany deeds but

are removed by the Registrar and used in a confidential

manner for property assessment.

CANADA - SASKATCHEWAN

An affidavit swearing to the value of the land must

accompany specified instruments e.g. transfer, vesting order.

Where such an affidavit is provided, the value is shown on the

title.

Note that this is the value of the land, not the purchase price.

CROATIA

No

CYPRUS

Yes, it is.

CZECH REPUBLIC

No. The purchase price is only in deeds filed in the collection

of deeds. In the register itself data about price are not

recorded.

DENMARK

Yes

FINLAND

Yes

FRANCE

For each entry on the real estate index, the Land Registry

shows the price paid, or the estimated value of the building

concerned.

GERMANY

No

GREECE

No

HUNGARY

The purchase price paid for a property can not be recorded in

the Land Register. Therefore the land office does not have

information on purchase prices.

ICELAND

Only if the price is mentioned in a registered document

IRELAND

No

ITALY

No.

KYRGYZSTAN

The issue is under consideration

LATVIA

The law does not have strict provisions as regards this issue.

LITHUANIA

Yes

MALTA

Results indirectly since the registered deed contains the price.

Deed is public (obtainable from Notary or Notarial archives)

NETHERLANDS

Yes, it is

NORWAY

Yes, everybody can without providing a reason

POLAND

No. However, a certified copy of the notarial deed which

records the purchase price is kept in the files of the land and

mortgage register.

REPUBLIC OF MOLDOVA

The Register currently does not include sale/purchase price.

This price is available in the cadastral file.

ROMANIA

On the inscription in the Land Book it shall be shown the

demonstrative document and if is needful the price paid for a

property could be recorded in the register.

RUSSIAN FEDERATION

The purchase price paid for a property unit is recorded in the

sheets of the Unified State Register of Rights, which is titled

"Records on Transactions".

SLOVAKIA

Yes, it is recorded indirectly in the set of documents (it is not

a part of administered information of cadastre of real

estates).

Price paid for a property is basically a consensus matter.

SLOVENIA

No

SPAIN

Yes

SWEDEN

Yes, it is.

SWITZERLAND

The purchase price is not recorded in the land register, but

can be found in the deeds of the transaction (art. 970a,

ZGB).

TURKEY

The registered price is the declared purchase price. This

value is generally lower than the real (market) value of a real

property registered.

UNITED KINGDOM - ENGLAND AND

Yes, from 1 April 2000. The price paid, or value declared, will

WALES

be entered on the register. However the information will be

removed on the next change of proprietor

UNITED KINGDOM - NORTHERN

Yes

IRELAND

UNITED KINGDOM - SCOTLAND

Yes

ALBANIA

Yes, we are preparing the bulletin

ARMENIA

Yes

AUSTRIA

See answer to question 26.

BELARUS

No

BELGIUM

Yes

BOSNIA AND HERZEGOVINA

Yes

CANADA - ALBERTA

The information on property values as defined in 26 above is

available to the public as it is contained in the document and

reflected on title.

CANADA - BRITISH COLUMBIA

As the information is contained in public documents this

information may be obtained by the public.

CANADA - MANITOBA

This is publicly available through the Land Titles Offices. Copy

of Notice of Changes of Ownership is also forwarded to

Assessment Offices for municipal taxation purposes which

also discloses the price.

CANADA - ONTARIO

Yes. Information is available to the public.

CANADA - PRINCE EDWARD ISLAND

No

CANADA - SASKATCHEWAN

See Q 26. Note that more accurate information on the value

of the land is available to the public from taxing authoriites

CROATIA

No

CYPRUS

This information is available to certain professionals in certain

circumstances.

CZECH REPUBLIC

Information about price paid for a property is possible to find

in deeds. The collection of deeds is also open to the public.

But a certain technical help of staff is usually needed. This

information is available to the public, but with some technical

difficulties.

DENMARK

Yes.

FINLAND

Yes

FRANCE

The information related to a price paid for a property is

accessible to the public. (See answer to questions 24 to 26).

GERMANY

No.

GREECE

No

HUNGARY

See answer to question 26

ICELAND

Information to the price paid for a property is only available

to the public if the price is mentioned in a registered

document.

IRELAND

No. But the transfer deed containing the price paid, may in

limited circumstances set out in Rule 188 of the Land

Registration Rules 1992 be made available for inspection.

(copy rule provided)

ITALY

Yes, by a consultation of the deed

KYRGYZSTAN

The issue is under consideration

LATVIA

No. The information about the price paid for a property is not

available to the public. According to the law "On Real Estate

Tax" such information is passed over to the State Land

Service which adjusts the cadastral values on the basis of

market information.

LITHUANIA

Yes

MALTA

Yes

NETHERLANDS

Yes, it is (see answer 24)

NORWAY

Yes

POLAND

No, it is available only to the persons who have legal interest

in inspecting the files of the land and mortgage register and

to the notary public.

REPUBLIC OF MOLDOVA

Currently not

ROMANIA

No

RUSSIAN FEDERATION

(See question 24 - Section G, Point 1).

SLOVAKIA

It is not available (see also the answer NR 24. and 26)

because it is recorded only in the non-public set of

documents. Price paid for a property is basically a consensus

matter.

SLOVENIA

No

SPAIN

Yes. But it is not under the protection of the register since

this refers to rights.