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Kadaster information system

Kadaster in the Netherlands Developing from deed-system to semi-title system in a merged organization. Public registers. Kadaster information system. Deeds registers. Land Registers. Maps. Ownership rights. Computerised registration of essential data.

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Kadaster information system

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  1. Kadaster in the NetherlandsDeveloping from deed-system to semi-title system in a merged organization

  2. Public registers Kadaster information system Deeds registers Land Registers Maps Ownership rights Computerised registration of essential data Surveying Cartographic information system Certainty rights Kadaster information system

  3. Number of registered parcels, total Number of registered ships, total Number of registered airplanes, total Number of deeds (2011) Number of mortgage documents (2011) Number of registered ships (2011) Number of new survey requests (2011) Number of airplanes (2011) 9.398.779 44.395 359 318.800 350.400 1.010 94.700 42 Legal certainty: some figures

  4. Real Estate Market not compulsory Buyer/seller Kadaster Real Estate Agent compulsory Notary compulsory

  5. Negative system of land registration • Deeds registers: contain the deeds establishing or modifying ownership and certainty rights • Land register: parcel based registration that contains the essentials of the recorded deeds. Entrance to deed registers. • Verifying  land register doesn’t givethe title. Data of the land register hasto be verified by inquiring the relevantdeeds in the deed registers

  6. Relevance of recording • Constitutive: Rights in rem (including mortgages) come into effect by recording deeds • Declaratory: Execution measures and precautionary acts (such as the purchase agreement) only have third party effect if they are recorded • Information: Relevant information for inquirers, that doesn’t neccessarily have third party effect. Certificate of inheritance???

  7. Tasks of the Registrar • Refusing or recording deeds (formal check) • Apply deeds in the land register, or ask parties to change the deeds so the deeds can be applied. • If it is plausible that the ownership or certainty rights in the deed- cannot come into effect or- doesn’t take into account an actual previous right,the registrar has the possibility to warn the parties(3:19 Civil code).

  8. Kadaster organization Executive Board Legal Certainty Geo/Surveyors Services/IT personnel Policy incl. Registrars Administrative Teams

  9. How does the registrar maintain control? • Mandates and instructions to deal with standard cases • Special cases: employees call the registrar’s help line • Quality checks of all cases (5%)

  10. Registrar in case of boundary disputes • Because surveying information leads to a decision of the registrar to modify the registration, the registrar is the one parties can object to in case they don’t agree with the cadastral boundary. • Registrar defends hiscase in courts. • Registrar gives instructions tosurveyors.

  11. Processes of registration: boundaries • Legal boundary: intention of buyer and seller when signing the deed • Cadastral boundary (= boundary shown to surveyor): supposed replica of legal boundary

  12. In case of boundary dispute In case of a boundary dispute the court presumes: • Cadastral boundary reflects intention when signing the deed and is legal boundary • Evidence of the contrary is necessary • Result: semi-title system

  13. Elements semi-positive system • Complete  numerus clausus / for transfer recording is mandatory • Validity  inquiry notary, third party protection • Correct registration  checks of the registrar, notification on changes, possibility to warn parties • Liability / compensation if true owner loses right by notary / Kadaster or the government

  14. Tendency towards a more positive system • Meaning Land Register is growing  simple acces through Kadaster on line: ideas to expand third party protection for data of the Land Register (and not only for the public deed register) • System of basic registers: governmental organisations are obliged to use the data of the Land Register (without inquiry of the public deed register)

  15. Tendency towards a more positive system • Connecting the basic registers to the Land register • Register of persons, Register of companies, Register of adresses and buildings

  16. Use geo information for better registration

  17. Use geo information for better registration

  18. IT developments Deed register Scanningdeed Updating Land Reg Draw up deed Copy Transport index Paper Electronic delivery PDF Electronic processing X M L

  19. Stylesheet deed: formal control of the registrarbefore entering the deed instead of afterwards First part : standardized text completed with essentials of parcels, persons and rights Deed Standardized with essentials Declaration of notary: “ end of first part”: means in second part are no rights established and no changes on first part”. ....................... ....................... Conditions • second part • free text

  20. Towards a positive system

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