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• 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
ELRA: 29 national associations from 22 countries
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
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
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)
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)
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
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
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.
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
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
• Repository with clauses:- Demanded for registration;- Optional protection against unknown legislation
• Glossary with explanations of national legal terms
• Reference information about legalsystems (ELRN)
• Helpdesk to:- Fulfil formalities;- Collect non Land Registry info
Support for foreign CROBECO conveyancers
CROBECO IIJANUARY 2013 – DECEMBER 2014
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
ORGANIZATION