Экзамен зачет учебный год 2023 / Study on Key Aspects of Land Registration and Cadastral Legislation. Part 2

Study on Key Aspects of Land Registration and Cadastral Legislation

Part 2 of 2

Printed and published on behalf of UNECE Working Party on Land Administration by Her Majesty’s Land Registry London

May 2000

CONTENTS OF THIS STUDY REPORT

PART 2

Annex 2

Indicating answers categorised by country

1

ANNEX 2

3

Country: ALBANIA

Section A: CONSTITUTION AND LEGISLATION

1.In your country is there a written or an implied Constitution which includes a right for people to hold and dispose of private rights in land?

A. Yes

2.Is there a statutory system of land registration which records rights in land, including ownership, in a public register?

A. Yes, there is a law Nr 7843 13/07/97 in the system of land registration

3.If there is, please list the main laws which govern land registration.

A. The Law 7501 for the land

The Law for the restitution and the compensation of the property The law for the privatisation of the state apartments

The Laws of the N.A.P. for the privatisation and other official laws or documents which certified the private property or the Court decisions

Section B: INSTITUTIONAL RESPONSIBILITY , SUPERVISION AND MONITORING

4.Does the law place responsibility for maintaining the land register on a specific Minister, a Government Department, Institution or official postholder?

A.For mainta ining the land register the law places the Central Office of the Immovable Property Registration

5.Please indicate the official titles of the responsible Minister, Ministry or Institution, and the postholder responsible for the Land Registry (for example Minister of Finance, Ministry of Justice, Chief Registrar).

A.The Council of Ministers. The Central Office of the Immovable Property Registrations.

6.Who is authorised to independently supervise or audit the operation of the Land Registration?

A.The Chief Registrar

SECTION C: STATUTORY POWERS AND AND THE LEGAL STATUS OF REGISTERED LAND

7.Does the head of the Registration office have statutory powers to decide, from evidence and documentation provided, questions of land ownership, and the benefit and the burden of other rights affecting land – or is the Registry simply a place of record of legal facts and documents? (please specify).

A.In our country the Chief Registrar has a limited statutory powers to decide for questions of landownership and the Registry is a place of record of legal laws and documents.

8.Does the act of registration confer legal status on the rights in land?

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Country: ALBANIA

SECTION D: PROCEDURES FOR REGISTRATION

11.Is it compulsory for those obtaining new rights in land (eg. on purchase or mortgage) to register those rights?

13.Is the registration system based solely on the retention and filing of indexed documents (a register of deeds), or is there a considered examination of the documents and the granting of a ‘guaranteed title’ to the land by the Registrar?

A.There is a detailed registration based on parcel and from which the Registrar can grant the rights in land.

14.Please specify any laws which govern the ownership and registration of condominiums (apartments).

A. The law 7652 for the privatisation of the State buildings.

-land in use

-restricted deeds

-mortgage

-court decisions

-restrictions

18.Is proof required of the discharge of a sellers mortgage before registration of a new purchaser is made?

A. Yes

19. Is it possible for an intending purchaser to secure, from the Land Registry, guaranteed priority or protection from a hostile transaction after contracts have been exchanged but before

registration

A. No

SECTION F: GUARANTEE – INDEMNITY - RECTIFICATION

20. Are the Land Rights that are registered guaranteed by the State or by any other means? (please specify).

A. The land right which are registered are guaranteed by the State

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Country: ALBANIA

A.Yes, the number of the land registered is unique

SECTION I: FEES AND FINANCING

33.To what extent is the cost of maintaining the land registration system financed by fees paid by customers or by central government funding (indicate relative percentage)?

SECTION J: DOCUMENTS AND FORMS

36.What documents does the law stipulate as registrable? (for example, transfer, mortgage).

A.The legal documents which certified the state and private ownership and the right in land, too.

37.Does the law stipulate the form of the land register to be maintained for each individual registered property?

A.Yes

38.Does the law stipulate the forms that have to be presented to the Land Registry when applications are made to register ownership and other land rights? (please specify the forms).

A.Yes they are; - the documents of ownership specified by the law 7501; the contracts of the purchase; the decision by the Commission of the Restitution of Property; and other legal documents

SECTION K: PROFESSIONS AND AGENTS AUTHORISED TO PARTICIPATE IN THE LAND MARKET

39.Does the Law stipulate which professions or agents are authorised to act on behalf of the public when land is transferred or mortgaged, and are authorised to create documents and present them for registration? (please list such professions and indicate the relevant laws or regulations).

A.According to the Civil Code, the article 186 "the courts, the notaries and other state organs must present for registration to the office which maintains the land register all legal documents which certified the ownership

SECTION L: RELATIONSHIP WITH OTHER LAND INFORMATION INSTITUTIONS

40.Does the law specify any formal relationship or co-ordination between the organisations responsible for registering land rights, cadastral survey and mapping, land valuation and land use? (please describe).

A.The Law for the land registati on is unique and closely co-operates with numeric index and index map.

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Country: ARMENIA

Section A: CONSTITUTION AND LEGISLATION

1.In your country is there a written or an implied Constitution which includes a right for people to hold and dispose of private rights in land?

A. Yes

2.Is there a statutory system of land registration which records rights in land, including ownership, in a public register?

A. Yes

3.If there is, please list the main laws which govern land registration.

A. 1. The Constitu tion of the Republic of Armenia

2.The Civil Code of the Republic of Armenia

3.The Land Code of the Republic of Armenia

4.The Law on Real Property of the Republic of Armenia

Section B: INSTITUTIONAL RESPONSIBILITY , SUPERVISION AND MONITORING

4.Does the law place responsibility for maintaining the land register on a specific Minister, a Government Department, Institution or official postholder?

A.The State Unified Cadastral Department of Real Property of the Government of Republic of Armenia

5.Please indicate the official titles of the responsible Minister, Ministry or Institution, and the postholder responsible for the Land Registry (for example Minister of Finance, Ministry of Justice, Chief Registrar).

A.The Head of the State Unified Cadastral Department of Real Property of the Government of Republic of Armenia

6.Who is authorised to independently supervise or audit the operation of the Land Registration?

A.The Senior Registrar

SECTION C: STATUTORY POWERS AND AND THE LEGAL STATUS OF REGISTERED LAND

7.Does the head of the Registration office have statutory powers to decide, from evidence and documentation provided, questions of land ownership, and the benefit and the burden of other rights affecting land – or is the Registry simply a place of record of legal facts and documents (please specify)

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