A formal description of subdivision - The Finnish case

Activity Subdivision recorded in Cadastre and Land Registry.
Context Owner sells a parcel of his unit of real estate.
Special context The transfer of ownership of a whole unit of property means only a change of title registration and is carried out between the owner and the Land Registry directly. 
(legal competencies)
Active: Buyer, cadastral authority, cadastral surveyor, land registry, owner.
Passive: Holders of rights in the unit, municipality, mortgagers, neighbours, notary, other local authorities.
  1. The owner and the buyer make a contract of sale (purchase deed), which they agree upon and sign.
  2. The appointed notary checks and verifies the contract of sale (identification of the owner and payer, the deed is valid and signed, etc.).
  3. The buyer pays the transaction tax to the government.
  4. The buyer (or the owner) forwards the request for the change of title registration of the sold parcel to the Land Registry.
  5. The Land Registry checks that the seller is entitled and approves the case (records the new ownership-title).
Trigger  The Land Registry sends the approval to the cadastral authority. 
  1. The approval of the Land Registry comes to the cadastral authority that checks, accepts and registers it (identification, date).
  2. The cadastral authority appoints a cadastral surveyor to carry out the process of subdivision.
  3. The cadastral surveyor informs the buyer that he has been appointed to prepare the case. 
  4. The cadastral surveyor collects and investigates the data on the boundaries, easements, etc.
  5. The cadastral surveyor calls the interested parties (actors) to a meeting where the following issues are addressed: 
  • If the parcel is intended as a building site, the cadastral surveyor examines that it is suitable for constructions and that the intended use of the site is in accordance with the local plan. 
  • If, according to the local plan, the parcel is located in a preservation or recreation area, the surveyor checks that the subdivision will not hinder plan implementation.
  • Boundaries and lots established and measured; boundaries marked. It may be necessary to establish also existing boundary points, if they are not visible.
  • Property rights (easements, ideal parts of common property, etc) interfering with the subdivision acknowledged/ settled/ restated. 
  • Statement on allocation of easements and encumbrances among to new and old parcels completed (use rights of different kind, clearing of new parcels of mortgages in the original property). 
  1. The cadastral surveyor prepares a detailed report (minutes and a cadastral map of the parcel) on the subdivision procedure (boundaries and lots established, boundary points measured and defined in the national co-ordinate system, agreements made, and easements established).
  2. The cadastral surveyor gives information on where to appeal. If an actor is dissatisfied with the decisions of the cadastral surveyor he/she has the right to appeal to the Land Court.
  3. The cadastral surveyor sends the documents to the cadastral authority after the appeal period.
  4. The cadastral authority updates the cadastral database (JAKO) and also sends the relevant data to the Land Registry.
  5. Documents (cadastral map of parcel and report) delivered to the owner. 
  6. The Land Registry updates the land register (registration of new real estate).
  7. Fee to the cadastral surveyor paid.