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. |
Actors
(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. |
Pre-conditions |
-
The owner and the buyer make a contract of sale (purchase
deed), which they agree upon and sign.
-
The appointed notary checks and verifies the contract
of sale (identification of the owner and payer, the deed is valid and signed,
etc.).
-
The buyer pays the transaction tax to the government.
-
The buyer (or the owner) forwards the request for the
change of title registration of the sold parcel to the Land Registry.
-
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. |
Sub-activities |
-
The approval of the Land Registry comes to the cadastral
authority that checks, accepts and registers it (identification, date).
-
The cadastral authority appoints a cadastral surveyor
to carry out the process of subdivision.
-
The cadastral surveyor informs the buyer that he has
been appointed to prepare the case.
-
The cadastral surveyor collects and investigates the
data on the boundaries, easements, etc.
-
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).
-
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).
-
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.
-
The cadastral surveyor sends the documents to the cadastral
authority after the appeal period.
-
The cadastral authority updates the cadastral database
(JAKO) and also sends the relevant data to the Land Registry.
-
Documents (cadastral map of parcel and report) delivered
to the owner.
-
The Land Registry updates the land register (registration
of new real estate).
-
Fee to the cadastral surveyor paid.
|