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”

• 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

THANK YOU FOR YOUR ATTENTION

Website: www.elra.eu

Email: secretariat@elra.eu