Modern legal solutions in Estonia's judicial land registers as an example of effective use of IT instruments as well as IT and legal cooperation

In search of interesting legal solutions related to the modern and effective functioning of legal land registers, the author draws attention to IT solutions used in Estonia, which has been one of the most technologically advanced countries in Europe for over fifteen years. This solution can be treated as an exemplary solution in the search for an idea for the organizational and legal strategy of the next stages of informatization of court registers. The study briefly describes the history of the development of land e-registers, with particular emphasis on legislative and technical solutions that allow for the comprehensive digitization of the application process for entry, the use of digital documents and e-archives, with an emphasis on the elimination of the paper form of land and mortgage registers. In the further part of the study, reference was made to the e-Notariat and Immovable Portal solutions, using the X-Road as operating system, which helps to exchange, check and update data. These innovations in Estonian land register translate, among others, into for regular ex officio updating of entries including factual data on real estate and data included in the population register (e.g. change of the surname of the owner in a legal event such as a marriage). The summary of the analysis is the assessment which shows that Estonia is a very good model in searching for ideas to improve the functioning of land register in Poland, however, one should take into account the differences related to the level of technological advancement or the area of the state. The susceptibility to cyber-attacks, which also target e-Estonia, is not without significance, which follows computerization and Internet addiction in the public sphere. Therefore, the harmonious development of cybersecurity is also important. It is necessary to balance the proportions between following the registers with the expectations of society and the spirit of the times, and the security of public data.

Implementasi Hak Servituut pada Pelaksanaan Pendaftaran Tanah Sistematis Lengkap di Kabupaten Bekasi

The Ministry of ATR/BPN organizes land registration innovations based on the national strategic program, namely PTSL. The implementation of PTSL aims at accelerating land registration in a fair and equitable manner, including anticipating disputes in the field of utilization and spatial planning. One important issue is the dispute over road access. The Land Office of Bekasi Regency applies a policy of implementing servituut rights in land registration activities as an anticipation of disputes related to road access. This research was conducted to understand the implementation of servituut rights as the actualization of the social function of land in the PTSL program at the Bekasi Regency Land Office. This study uses empirical legal research methods. The results of the research show that the implementation of the servituut rights policy is motivated by the dualism of road status, the existence of regional development and land acquisition, and the relatively high land value. The implementation of the policy has undergone a change in meaning, from restrictions on land use to the obligation to surrender some land rights. For PTSL participants who agree to give up part of their rights for roads, the administration of the transfer of rights is carried out in a Declaration Letter on Land Boundaries and Land Areas. For those who disagree, the plot of land is included in the K3 category and a land register is made.

Die Transplantate vom deutschen Recht für die Reform des Privatrechts in Estland. Am Beispiel des Abstraktionsprinzips

Estonia is one of the few countries where the abstraction principle (Abstraktionsprinzip) is recognised as the basis for title transfer in property law. Derived from the works of Savigny and from Germany’s strong land-register system, it is also among the basic principles of property law in Germany (the foundations of the BGB). In most countries, however, transfer of title is causal. The article describes how Estonia adopted and adapted German legal doctrine and thinking in this important field of law. This path was a long one, even though Estonian law has deep connections to German traditions. Before 1940, Estonia’s most important legal act was the Baltic Private Law Act, wherein the abstraction principle clearly was not recognised and the causal transfer of title formed the grounds in property law. In the Soviet era, though property law was given far less emphasis, the causal approach still served as its basis. When Estonia became independent, in the early 1990s, a new system of property law was urgently needed for purposes of land reform and for implementing the land-register system. German support for preparing the new Law of Property Act along the lines of German law was accepted, and the new law entered into force in 1993. Remarkably, at the beginning of this process it was not certain whether the abstraction principle would get implemented, but it became accepted through almost a decade of case law, and the new laws were later amended such that the principle was – unlike in German law – clearly formulated (in the General Part of the Civil Code). The abstraction principle has been an important part of Estonian property law and legal thinking ever since, firmly established both in legal theory and in case law. This process demonstrates well how a legal transplant from a given legal system can work in another.

Mantojuma līguma sekas un to juridiskā daba

According to Article 639 of the Civil Law, with an inheritance contract one party (an estate-leaver) grants the rights to his future inheritance or its part to another party (a contractual heir). As the inheritance contract establishes only a future invitation to inherit, it grants to the contractual heir only the right to wait for his future inheritance, but not an immediately effective right to the present property of the estate-leaver. However, the right of the estate-leaver to dispose of the movable and immovable property bequeathed by the inheritance contract can be restricted. If the inheritance contract concerns immovable property and it has not been registered in the Land Register, it is not valid against third persons, and the estate-leaver can fully exercise his property rights.

The Uncompleted Privatization of Functional Land in Slovenia and Attempts at its Re-nationalization

The article discusses the unsettled ownership status of many tracts of urban land in Slovenian cities that persists as a consequence of the disorderly transition from the socialist into the market institutional environment. Problems arising from the privatization of real estate, which can be detected all over the former Yugoslavia, typically affect functional land, i.e. land directly intended for the regular use and functioning of a building. Frequently, the land register does not show the rightful ownership status of such plots, leading to disputes and lengthy court proceedings for the determination of ownership. This is particularly the case with shared outdoor parts of residential neighborhoods, which are often subject to unfounded ownership claims based on obsolete entries in the land register. Even some municipal authorities have attempted to bring such land into public domain under this pretense, which would, if successful, amount to a 21st-century nationalization.

Legal Splinters with Regard to the National Programme for Land Registration and the Land Registry

The National Program for Land Registration and the Land Registry, which aims to achieve the systematic registration of land in the integrated land cadastre and land register throughout the country by 2023 is in progress. It is a massive undertaking which requires the creation of a new land register and the registration of approximately 40 million immovable assets into it. The present study shows the legal hurdles that have been faced in carrying out the program. These issues are the following: ongoing property and border disputes between the various owners, succession procedures which have yet to be finalized, litigation that has arisen as a result of differences between land measurements and the data in the records held at the land registry. Due to the afore-mentioned legal issues, it is not possible to finalize the systematic registration in the integrated cadastre and land register throughout the country in time (by 2023). Also, there is the legal issue posed by the possibility for the person possessing the immovable asset without valid title to be inducted into the land register as owner, based on a certificate issued by a notary public, which in our opinion, is contrary to the law.

People with intellectual disabilities as heirs. Part 3

The article is another one in the series on people with intellectual disabilities as heirs. It discusses next steps that heirs need to take after an inheritance is accepted and a court confirmation of inheritance acquisition or a notarial deed of succession certification is received to be able to dispose of the property they acquired from the testator. It presents issues relating to inheritance division based on an agreement between the heirs and inheritance division by a court order, claiming the legitime, reporting the inheritance to the tax office to be entitled to inheritance tax exemption, as well as making an entry in the land register, reporting the acquisition of a car, notifying the homeowner association or the housing cooperative, changing the parties to contracts on services that are currently provided, etc. Practical difficulties that may arise when heirs with intellectual disabilities are taking these steps are listed along with the best methods to overcome them.

4. Unregistered land

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses unregistered land. This is land where title has not been registered at the Land Registry. Proof of ownership comes from an examination of title deeds relating to that land. Identification of any third party proprietary interests burdening a piece of unregistered land cannot be discovered by a search of the land register. Rather, an examination of the title documents and various registers is required to discover their existence. The most important is a search of the Land Charges Register which is made against the names of previous owners, not the property address. Legal interests over unregistered land bind the world, with the exception of the puisne mortgage, which requires registration as a land charge to be binding. Interests covered by the Land Charges Act 1972 must be registered as the appropriate land charge to bind a purchaser. Failure to register such an interest appropriately means that the interest will not bind certain types of purchasers of the land.