EU Land Registries: Enhancing confidence in the European Legal Space

1. EU Land Registries: Enhancing confidence in the European Legal Space European Parliament - ALDE Seminar : "European Property Law Rights and Wrongs" Brussels, 14th June 2011

2. ELRA stands for European Land Registry Association • ELRA is a non profit Association seated in Brussels • The EC supports ELRA through the programme “Civil Justice” • ELRA is made up of 29 national associations from 22 countries • The aim: to promote mutual understanding and the knowledge of LR, stressing legal aspects European Parliament - ALDE Seminar : "European Property Law Rights and Wrongs“ Brussels, 14th June 2011

3. I. Background: the EU Land Registries and the Legal Certainty • II. The acquisition process of ownership: CROBECO • III. Drawbacks of the system: hidden charges and public restrictions European Parliament - ALDE Seminar : "European Property Law Rights and Wrongs” Brussels, 14th June 2011

4. I. Background: the EU Land Registries and the Legal Certainty • Every year 1,800 billion euro’s worth of real estate is transferred in EU, the equivalent of 16% of the GDP of the 27 Member States of the EU • Legal Certainty in immovable traffic, provided by the market (USA) or by the State (EU) • EU: Legal Certainty is a Public Service in Europe • Legal Certainty in property rights: the Land Registry • LR is not a simple Data Base, it is a Legal Institution • Information vs Publicity European Parliament - ALDE Seminar : "European Property Law Rights and Wrongs” Brussels, 14th June 2011

5. EU LR main features: • Diversity in their Institutional Organization • LR linked to national legal tradition: lex rei sitae principle • EU LR does not provide a uniform effect and degree of protection in the different MS: • Deed system (negative effect): France, Belgium, Italy Holland • Title system (positive effect): Germany, Austria, England and Gales and Spain. • Mirror principle • Curtain principle EU Legal Space: Internal market • Insurance principle European Parliament - ALDE Seminar : "European Property Law Rights and Wrongs“ Brussels, 14th June 2011

6. II. The acquisition process of ownership: CROBECO • CROBECO stands for CRoss Border e Conveyancing Contract of sale in home countries language • Contract of sale by home countries conveyancer • Compensation in case of unknown burdens by home country Court European Parliament - ALDE Seminar : "European Property Law Rights and Wrongs“ Brussels, 14th June 2011

7. Respect for existing circumstances: No change in responsibilities of registrar/ conveyancer No change in conveyancing systems No change in legislation Home country law of foreign buyer applicable to: Contractual relation (Rome I) Non contractual relation (Rome II) Reuse of existing techniques(e.g. STORK, SPOCS, EPO and eCODEX) European Parliament - ALDE Seminar : "European Property Law Rights and Wrongs“ Brussels, 14th June 2011

8. Title system or deeds system Contract of sale or contract of transfer Electronic registration, electronic lodging or electronic conveyancing Different systems for verifying authenticity and authority Different protection against contradictory titles Conveyancer from common law system or notarial system A toolbox with e-conveyancing solutions for different legislations: European Parliament - ALDE Seminar : "European Property Law Rights and Wrongs” Brussels, 14th June 2011

9. PILOT NETHERLANDS / SPAIN Regulation Rome I/II (non) contractual obligations governed by law chosen by the parties

10. E(uropean) L(and) R(egistrars) N(etwork) Provide information In cross border cases

11. III. Drawbacks of the system: hidden charges and public restrictions: • From a civil law perspective, property rights are quite well protected. The only shadow: hidden charges (not published by the LR) • Interaction between public and private law: the modern concept of ownership. From the absolute power to the social function of property rights European Parliament - ALDE Seminar : "European Property Law Rights and Wrongs” Brussels, 14th June 2011

12. Public restrictions: • Public but hidden • Dispersion: environmental, urban, energy, transport, cultural, national defense, etc. • Delayed implementation • Different levels of Administration departments • New concept of ownership: very strong effects • Today is relevant who is the owner what is the content of ownership • Balance between public interest and fundamental rights: principle of legal certainty European Parliament - ALDE Seminar : "European Property Law Rights and Wrongs“ Brussels, 14th June 2011

13. Possible Solutions with existing resources: • Transparency: MS must list main restrictions (ELRA is working on a Hand Book) • Individualized Information: • Accessible information: single point of information at the LR. • Information but not publicity • ICT tools to treat this information: Graphic information • Incorporate of public restrictions to the LR publicity. Interaction public restriction and property rights. European Parliament - ALDE Seminar : "European Property Law Rights and Wrongs“ Brussels, 14th June 2011

14. Geo referenced map and orthographic photo delimitating a Public forest European Parliament - ALDE Seminar : "European Property Law Rights and Wrongs” Brussels, 14th June 2011

15. Identification of properties does not mean to provide legal effects to physical data. European Parliament - ALDE Seminar : "European Property Law Rights and Wrongs” Brussels, 14th June 2011

16. Drawing the limits of a restricted area Relevant information of the statutory regimen of ownership in the restriction area Identification of the property in the map European Parliament - ALDE Seminar : "European Property Law Rights and Wrongs” Brussels, 14th June 2011

17. Servitudes PROTECTION SERVITUDE 100 meters from the boundary of Public Domain PUBLIC DOMAIN European Parliament - ALDE Seminar : "European Property Law Rights and Wrongs” Brussels, 14th June 2011

18. Urban area servitudes PUBLIC DOMAIN SEA-SHORE ACCESS SERVITUDE 500M - separation from circulation of wheel vehicles 200M - for pedestrians URBAN AREA PROTECTION SERVITUDE 20 meters from the boundary of Public Domain European Parliament - ALDE Seminar : "European Property Law Rights and Wrongs” Brussels, 14th June 2011

19. CONCLUSION: In view of the breakdown of Legal Certainty in international real estate transactions, the European Land Registries assume their responsibility to enhance confidence within the European Legal Space, becoming an effective instrument for the integration of the Single Market at the service of EU citizens. European Parliament - ALDE Seminar : "European Property Law Rights and Wrongs” Brussels, 14th June 2011

20. Thank you for your attention. If you have any question, please do not hesitate to contact us: secretariat@elra.eu European Parliament - ALDE Seminar : "European Property Law Rights and Wrongs” Brussels, 14th June 2011