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Legal Challenges of Land Registries Interconnection

This presentation discusses the legal challenges faced in interconnecting land registries to provide information on land ownership in Member States, with the aim of facilitating the free movement of capital and people.

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Legal Challenges of Land Registries Interconnection

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  1. Legal Challenges of Interconnection of Land Registries Alasdair Lewis ELRA President XIII General Assembly Brussels, 10th December 2013

  2. • To facilitate the free movement of capital and people, we want to make information regarding the ownership of land in the Member States available to our citizens • One of the best ways of doing this is by providing access to information held by the Land Registries (“Land Registers Interconnection”) • However, in order to achieve this, we need to recognise and overcome some legal challenges XIII General Assembly Brussels, 10th December 2013

  3. • Those legal challenges include: • Language and terminology • Identification of the plot • Not every Land Registry is open to public inspection • Differences in the technology used by each Land Registry • Self-financing of Land Registries • Title registration systems vs deeds registration systems XIII General Assembly Brussels, 10th December 2013

  4. We should start with what information the citizen wants. This includes: • Where is the land? • Who owns it? • Is there a mortgage? XIII General Assembly Brussels, 10th December 2013

  5. Most people will want to search for the land using geographical information, such as: • An address • A map • An aerial photograph XIII General Assembly Brussels, 10th December 2013

  6. So that people are not misled, we need to explain the information (i.e. “metadata”). For example : • The meaning of the terms used • The extent to which the information can be relied upon • How further information and support can be obtained XIII General Assembly Brussels, 10th December 2013

  7. • Although there are many differences, Land Registries have enough in common (such as A,B C or A, B, C, D registers) to enable us to present basic information in a standard form. • The objective of the IMOLA Project is to design that standard form or template. • We are not starting with a blank piece of paper as we can draw on the experience of both the European Land Registry Network (ELRN) and EULIS. XIII General Assembly Brussels, 10th December 2013

  8. THANK YOU!!!! secretariat@elra.eu XIII General Assembly Brussels, 10th December 2013

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