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

Country: UNITED KINGDOM - NORTHERN IRELAND

22.Has the Registrar (or the Ministry or Minister) power to pay indemnity to anyone who suffers loss by an omission or error in the land register?

A.Yes

23.Where a person or a legal entity disputes the facts recorded on the land register how can they seek rectification?

A By application to the Registrar B By application to the Court

C By other means (please specify)

A.A. Yes B. Yes

SECTION G: PUBLICITY AND FREEDOM OF INFORMATION

24.Is the register open to public inspection?

SECTION H: SURVEY, MAPPING AND BOUNDARIES

28. Is registered land related to a map indicating the extent and the boundaries of the property?

A. Yes

29. Are boundaries determined precisely by co-ordinates or are they determined by general boundaries in relation to a topographic map?

A. Both

30.What laws govern the recording of ownership boundaries?

A.Land Registration Act (NI) 1970

31.Which organisation is responsible for maintaining the survey and mapping of registered properties?

32.Does the law or any regulation require that unique reference numbers are used for registered land? (please specify).

A. Yes. Rule 5 Land Registration Rules (NI) 1994

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Country: UNITED KINGDOM - NORTHERN IRELAND

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)?

A.Fees paid by customers 100%

34.Who or what Institution has the authority to decide the level of any fees payable?

A.The Department of Finance and Personnel after consultation with the Land Registry Rules Committee

35.Are fees set under the provisions of the law or regulations? (please indicate any legal provision that governs the setting of fees).

A. Land Registry (Fees) Order (NI) 1996

SECTION J: DOCUMENTS AND FORMS

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

A. All documents purporting to create or deal with legal interests in registered land

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

A. Yes - Land Registration (NI) Rules 1994

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 - Applications for first registration, registration of cautions, transfer of all or part of the land, transfer by limited owner, transfer in exercise of a power of sale, exchange, application by way of assent, application to reclassify title, application to register a charge, transfer of charge, release of charge, register an inhibition, cancel a lease, registration and cancellation of notice of presentation of bankruptcy petition, registration of a bankrupt's right of occupation

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.Solicitors are the only body permitted to act in conveyancing for remuneration. In theory, anyone else can act without remunerations (Solicitors Order (N.I.) 1986)

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.No

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Country: UNITED KINGDOM - SCOTLAND

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. Implied Constitution

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. The Land Registers (Scotland) Act 1868

The Titles to Land Consolidation (Scotland) Act 1868

The Conveyancing (Scotland) Act 1924

The Conveyancing and Feudal Reform (Scotland) Act 1970

The Land Registration (Scotland) Act 1979

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 Keeper of the Registers of Scotland who is a statutory office-holder.

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 Minister of Justice, Scottish Parliament

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

A. Minister of Justice, Scottish Parliament

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.Yes. The Keeper of the Registers of Scotland has statutory powers of decision making

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

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Country: UNITED KINGDOM - SCOTLAND

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?

A.There is no explicit legal compunction with a penalty for non-compliance. The compulsitor lies in the difficulty in enforcing rights in a competition if they have not been registered

12.If it is, what is the effect of a failure to register new or transferred rights?

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

A.Common law of the tenement* (There are under consideration proposals to introduce a statutory regime) *this is a Scottish term for old flatted properties (or apartments)

SECTION E: REGISTRABLE RIGHTS AND INTERESTS

15.What forms of land holding are registered? (eg. absolute, provisional, freehold, leasehold, tenancies, shared ownerships, etc.).

A.The Scottish equivalent of absolute/freehold and leases of non-domestic properties for more than 20 years

16.If leases are registered what is the minimum term (years) of a lease for it to qualify for registration?

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. Indemnified by the state in terms of the Land Registration (Scotland) Act 1979

21. If such rights are not guaranteed by the State what other protection is there for a person or legal entity who suffers loss by an omission or error in the register?

A. ----

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Country: UNITED KINGDOM - SCOTLAND

22.Has the Registrar (or the Ministry or Minister) power to pay indemnity to anyone who suffers loss by an omission or error in the land register?

A.Yes

23.Where a person or a legal entity disputes the facts recorded on the land register how can they seek rectification?

A By application to the Registrar B By application to the Court

C By other means (please specify)

A.A. By application to the Registrar, B. By application to the Court

SECTION G: PUBLICITY AND FREEDOM OF INFORMATION

24.Is the register open to public inspection?

SECTION H: SURVEY, MAPPING AND BOUNDARIES

28.Is registered land related to a map indicating the extent and the boundaries of the property?

A.The map indicates the boundaries. The title sheet reveals the extent if the extent is greater than 2 hectares.

29.Are boundaries determined precisely by co-ordinates or are they determined by general boundaries in relation to a topographic map?

A.Co-ordinates

30.What laws govern the recording of ownership boundaries?

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Country: UNITED KINGDOM - SCOTLAND

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.Any document capable of transmitting or affecting any identifiable interest in land providing it is not a "souvenir" plot or the document is frivolous or vexatious

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. There are statutory application forms for

-FIRST REGISTRATION (this is the first time a property is registered)

-TRANSFER OF PART (when part of a property which is already registered is transferred)

-DEALING WITH WHOLE (when the whole of a property which has already been registered is transferred)

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.No, but in practice the vast majority of transactions are ha ndled by solicitors because the lending institutions normally insist on this

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.No

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