Conveyancing
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Conveyancing. Choices I. Contract and Deed Warranties or Caveat Emptor Stamp Duty. Choices II. Notaries Solicitors and Advocates Simplicity or Specialists?. Handling and registration. Issuing a Certificate. Application. Title Registration. Presentation of documents

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Choices i
Choices I

  • Contract and Deed

  • Warranties or Caveat Emptor

  • Stamp Duty


Choices ii
Choices II

  • Notaries

  • Solicitors and Advocates

  • Simplicity or Specialists?


Title registration

Handling and registration

Issuing a Certificate

Application

Title Registration

  • Presentation of documents

  • Inspection by the Registrar

  • Guaranteed Certificate of Title

  • Simple searches


Deeds recordation
Deeds Recordation

  • To get time priority

  • Indexing and filing

  • Searches in files


Registration of ownership
Registration of Ownership

  • Title registration: The Registry guarantees the informationChecks by the Registrar are costly

  • Deeds recordation: No guarantee, just filing and indexingTitles searches will be costly


Register features

Cadastre

Forestry

Taxes

Market

Environment

Housing

Planning

Maps

Register Features

Land Registers can be part of a Land Information System

Most registers are open to the public

Computerization is a benefit to the public

LIS


Public access
Public Access

  • Free access or professional purpose

  • Costfree or charged

  • Documents or computerized information

  • Protection of integrity

  • Government monopoly or private improvements


Reasons for registration
Reasons for Registration

  • Compulsory (United Kingdom)

  • Protectionagainstthirdparties (USA, Sweden)

  • Duty for notaries (France, Germany)


Conveyancing in sweden
Conveyancing in Sweden

  • Contract

  • Deed, payment and transfer of possession

  • Registration of title


The contract
The Contract

Land Code ch.4 sec. 1:

  • In writing

  • Name of the property

  • Declaration of transfer

  • Purchaseprice

  • Signatures from seller and buyer

    Othercontracts as well as pledges to sell are not valid.


The deed
The Deed

  • Serves a receipt that the seller has beenpaid.

  • Used for registration

  • Same contents as the contract (written, propertyname, declaration of transfer, price, signatures)


Our biggest problem
Our biggest problem…

  • Frauds?

  • Wrong forms?

  • Uncertainboundaries?

  • Charges from otherparties?

    No, it is this →


Defects
Defects

  • Land Codech. 4 sec. 19

  • Deviation from what has beenpromised or from what the buyerscouldjustifiablyanticipate are seen as defects, provided that the defectwas not possible to discover.

  • Deduction from the price

  • Damages

  • Cancellation


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