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CROSS BORDER COOPERATION WITH LAND REGISTRIES

CROSS BORDER COOPERATION WITH LAND REGISTRIES. secretariat@elra.eu. ELRA stands for European Land Registry Association ELRA is a non profit Association created in 2005 and seated in Brussels The EC supports ELRA through the programme “Civil Justice”

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CROSS BORDER COOPERATION WITH LAND REGISTRIES

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  1. CROSS BORDER COOPERATION WITH LAND REGISTRIES secretariat@elra.eu

  2. ELRA stands for European Land Registry Association • ELRA is a non profit Association created in 2005 and seated in Brussels • The EC supports ELRA through the programme “Civil Justice” • The aim: to promote mutual understanding and the knowledge of Land Registry, stressing legal aspects

  3. ELRA: 29 national associations from 22 countries

  4. Land registers provide economic value: • Recording of legal rights • Reliable publicity of these rights • Protecting of rights • Prioritizing of rights • Enforceability of rights • Backed by authority of the State

  5. Possible use of spatial data GIS systems for providing information, with respect for existing legal system; Visualize differences between: - Physical boundaries - Cadastral boundaries - Legal boundaries (if necessary by description in a contract) Spatial data cannot define property rights by themselves. Valid agreement needs plain intelligible language

  6. CROBECO I • • Project supported by the framework programme “Civil Justice” (2007-2013) • • Project ended June 2012 • • Complies with the four founding principles of the European Union (free movement of goods, persons , services and capital) and article 81 TFEU • • Developed a Cross border Conveyance Reference Framework (www.elra.eu/) • • Based on: • Experience of pilots Netherlands /Spain; • Desk research Netherlands/Portugal; • Discussion with other stakeholders in three conferences; • Advices Universities of Maastricht (Netherlands), Valencia (Spain), Coimbra (Portugal)

  7. Cross border Conveyance Reference Framework • • Choice of legislation of home country of foreign buyer: - for contractual obligations (Rome I, EC 593/2008) - for non contractual obligations (Rome II, EC 864/2007) • Choice of jurisdiction of home country courts (Brussels I, EC 44/2001) • Contract of sale in home country language • Contract of sale by home country conveyancer • Only possible when submission of foreign deeds is allowed For property rights respect Lex rei Sitae (art 345 TFEU)

  8. Submission of foreign documents • • Results of questionnaire ELRA: submission possible in 50% of the MS • • Recent Supreme Court of Spain decision (STS 998/2011 19 June 2012) • • Foreign documents comparable to demanded documents in Spain have to be registered, regardless of formal differences • Arguments among others: • - Freedom of transfer of goods (article 1462 of the Spanish Civil Code) • - EU tendency to avoid duplication of formal requirements • - Commission’s Green Paper: Less bureaucracy for citizens

  9. Pitfalls for foreign conveyancers (1) • a. Different systems for Land Registries: • - Title system, (foreign conveyancer can rely on output from the land register); • - Deeds system, (foreign conveyancer has to scrutinize the deeds) • b. Foreign languages in Land Register: - If EULIS MS - translation in English for all plots available - If non-EULIS MS - translation in English on demand of specific plots • • Deeds systems • • Advice CCRF: on demand positive (title) statement from registrar in English

  10. Pitfalls for foreign conveyancers (2) • Land registers, no info about: • Public limitations (for example public domain with restrictions for new buildings); • Public obligations (for example obligations to clean up polluted soil) • To be collected from Municipalities or other governmental bodies.

  11. Pitfalls for foreign conveyancers (3) • Differences cadastral/legal boundary • Cadastral (taxes) boundary: spatial data collected by surveyor. • Legal boundary: description in words based on visual boundary marks (you buy what you see in the field). • Neglecting differences could lead to neglecting public limitations/obligations

  12. Pitfalls for foreign conveyancers (4) • • Electronic communication • • Different types of process: • - eLodging (digital duplicate / original on paper) • - eRegistration (lodgement of documents in electronic format only) • eConveyancing (paperless transactions through all stages conveyance process) • • Interoperability questions: • Format • Electronic signatures • Time stamping • • CCRF: principles of good IT governance and best practices ELRA Member States

  13. Support for foreign CROBECO conveyancers • • Repository with clauses: • - Demanded for registration; • Optional protection against unknown legislation • • Glossary with explanations of national legal terms • • Reference information about legal • systems (ELRN) • • Helpdesk to: • - Fulfil formalities; • - Collect non Land Registry info

  14. CROBECO II JANUARY 2013 – DECEMBER 2014

  15. CROBECO II • Specialized CROBECO conveyancers in home countries of foreign buyers • • Support for CROBECO conveyancers by implementing: • Repository of clauses • Glossary with explanations of national legal terms • - Helpdesks in countries with many foreign buyers • • Initially with buyers from England / Netherlands of property rights in Portugal / Spain

  16. ORGANIZATION

  17. THANK YOU FOR YOUR ATTENTION Website: www.elra.eu Email: secretariat@elra.eu

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