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

Country: BELARUS

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.Obligatory registration of new rights on Immovable property is introduced by new Civil Code from July 1st 1999

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

A. Rights is not come into force. Agreements that are not registered are not in fact.

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 an examination of the documents by Registrar.

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

A. The Condominiums Law, January 22 1998

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 list of rights to be obligatory registered is in Civil Code (1998). Among them: ownership, lease, rights of permanent and temporary using, mortgage, rent, operative control and some others.

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

A. Lease more than one year. This rule comes into force from July 1st, 1999

17. What rights other than ownership (for example mortgages) must be registered to ensure such right has legal standing?

A. See question 15.

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

A. No

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. No

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. No other protection

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Country: BELARUS

SECTION I: FEES AND FINANCING

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

A.State Land Cadastral/Land Registration system have Government funding. Registration of building, construction, premises financed by fees paid by customers.

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

A. Ministry of Economic

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

A. Regulation

SECTION J: DOCUMENTS AND FORMS

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

A. Agreements, court decisions, administrative acts

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

A.Regulations of SCLRGC. From 1999 the registration books with inserted pages and its computer data base analagoe are used.

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.No. This is the matter of regulations of SCLRGC

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. There is no such law. In fact so called "Realtors Agencies" are active on the Real Estate market.

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. There are no laws that specify formal relationships

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Country: BELGIUM

Section A: CONSTITUTION AND LEGISLATION

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

A. The Belgian constitution does not include particular rules on land ownership

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

A. There are three government agencies maintaining land registers:

1.The "Registration" offices registering all kinds of acquisition acts regarding real property for the purpose of taxation,

2.The "Mortgage" offices registering the authentic acts for mortgage purposes,

3.The Cadastre; an inventory of land ownership using geographically referenced cadastral parcels for the purpose of annual income tax.

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

A. Official dutch designation (D) : 1, Wetboek der successierechten,

2.Wetboek der registratiehypotheek en griffierechten,

3.Wetboek van de inkomstenbelastingen 1992.

4.Hypotheekwet

Official French designation (F):

1.Code des droits de succession,

2.Code des droits d'enregistrement, d'hypothequ et de greffe,

3.Code des impots sur les revenus 1992,

4.Loi Hypothecaire

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 three agencies mentioned above are part of the Department of Finance

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.Responsible Minister: The Minister of Finance

Postholder responsible for land registry: The head of the mortgage office = "Hypotheekbewaarrder" (D) or "Conservateur des Hypotheques" (F).

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

A.The constitutional institutions

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 evidenceand 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.It is simply a place of record of legal facts and documents

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Country: BELGIUM

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

A.Boundaries are determined in relation to cadastral map objects. New cadastral maps are based on ground survey, remote sensing and aerial photography.

30.What laws govern the recording of ownership boundaries?

A.Belgian cadastre supports taxation and administration activities, management of land and land use. "The Koninklijk Besluit van 26 juli 1877" (D) or "Arrete Royale de 26 juillet 1877" (F) governs the recording of ownership boundaries

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

A.The Cadastre administration

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

A.The law requires that public acts regarding acquisition of land parcels, land tenure and building refers to the cadastral registration

SECTION I: FEES AND FINANCING

33.To what extent is the cost of maintaining the land registration system financed by fees paid by

SECTION J: DOCUMENTS AND FORMS

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

A. Each authentic act transferring immovable rights.

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, a law soon to be voted

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Country: BELGIUM

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.Notary public, judge, bailiff, public authority

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.There is one administration of real estate since 1st March 1999: Administration of cadaster and real estate which includes different services

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Country: BOSNIA AND HERZEGOVINA

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, Property Law

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

A. Yes - Land Register, - Measuring and Immovable Property Cadastre Law. - Measuring and Land Kadastre law

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

A. Property Law,

Land Register Law,

Measuring and Immovable Property Cadastre Law,

Expropriations Law,

Communal Installations Law,

Agricultural Land Law,

Building Land Law,

Woods Law,

Waters Law,

Roads Law.

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. Yes, it does

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. Ministry of Justice, - Director of Geodetic Administration

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

A. Juridically State

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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Country: BOSNIA AND HERZEGOVINA

10.If such a power exists, is the Registrar able to convert such a registration into absolute title after a specificed time has elapsed?

A. No

SECTION E: REGISTRABLE RIGHTS AND INTERESTS

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

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