by Vlad Cuc
The Romanian Land Registry contains a title, indicating its number and the name of the respective area of the property, and 3 other parts:
Part One, which contains:
– The order and cadastre number of the property
– the surface, destination, and construction (if applicable);
– the plan of the property and limitations, description, coordinate inventory of the area.
Part Two, which contains:
– name of the owner;
– document or other legal proof of ownership;
– transfer records of the property;
– legal bindings constituted for the property;
– legal procedures, personal rights etc. as well as actions related to the property;
– any modifications, corrections or comments in the title, part One or Two of the Land Registry
Part Three, which contains:
– limitations imposed on the property (including mortgage and related privileges);
– legal procedures, personal rights etc.
– liens upon the property;
– any modifications, corrections or comments in regards to the data registered in this part.
The ownership right shall be entered in the Land Registry on the basis of the document through which it has been constituted or validly transmitted. The registrations shall be opposable to third parties on the date the request has been filed and will automatically be filed by the Public Notaries as their lawful obligation (as a general rule).
– temporary registration of the ownership rights under the condition of ulterior motivation;
– noting, having as object the registration of the personal rights and legal facts referring to the state and capacity of the persons, actions and legal ways of attack related to the properties in the Land Registry.
In the case where a certain registration made in the Land Registry does not correspond with the real legal situation, a rectification or modification request can be made. This request can be made by any “interested” person if the certain irregularities have been found through a definitive and irrevocable Judge’s decision.
Any person can research any part of the Land Registry with the exception of evidence related to national security. The persons requesting information will be able to obtain excerpts or certified copies of Land Registries without any the need of motivating their request.
The Registration Procedure
The request to register in the Land Registry shall be filed with the territorial office and shall have attached the original document or its certified copy through which the proof of legal status is made.
In the case the Registry admits the request, it decides to definitively or temporary register it if the documents respects the following conditions:
– it is in accordance with the form stipulated by Law;
– it indicates the name of the parties;
– it uniquely identifies the property;
– a certified translation is attached, if the document is not signed in the Romania language;
– a copy of Land Registry is attached, used for authentication;
As long as the request is not decide upon, no excerpt shall be emitted.
As exceptions, ownership rights constituted through inheritance, accession, forceful sale and usucapion will not be automatically registered through a Public Notary; their registration in the Land Registry being the responsibility of the owner.
There are 3 types of entries with the Land Registry:
– the definitive registration of ownership rights (intabulare);