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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


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









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


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 →

  • 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