State Enterprise Centre of Registers V.Kudirkos g. 18, 2600 Vilnius Land and Real Property Registration System 2005 October Kestutis Sabaliauskas Director General State Enterprise Centre of Registers Lithuania

Real Property Register within the system of State Registers POPULATION REGISTER REGISTER OF LEGAL ENTITIES INFORMATION ABOUT A DIRECTOR OR OTHER RESPONSIBLE PERSON CADASTRE AND REGISTER OF LAND AND OTHER REAL PROPERTY REGISTER OF MOVABLE PROPERTY ADDRESS OF RESIDENTIAL PLACE DATA ON THE OWNER - NATURAL PERSON INFORMATION ABOUT OWNER – LEGAL ENTITY DOMICILE ADDRESS ADDRESS REGISTER INFORMATION ABOUT ADDRESSES OF BUILDINGS, CONSTRUCTIONS, PREMISES, FLATS

Model of State Registers system Data users: Physical persons Juridical persons State institutions Data users: Physical persons Juridical persons State institutions III LEVEL OF STATE REGISTERS INSTITUTIONAL LEVEL II LEVEL OF STATE REGISTERS BASIC LEVEL OF STATE REGISTERS

 Civil Code  L a w on the Real Property Register  L a w on the Real Property Cadastre  L a w on Construction  L a w on Territorial Planning  L a w on the Basics of Property and Business Valuation Main Laws

 Real property objects formed following the provisions of the Law on the Real Property Cadastre:  1) land plots;  2) buildings, constructions and structures;  3) apartments in apartment houses;  4) other premises.  Real rights to the real property: property right, long-term leasehold right, servitude and other  Legal facts related to real property Real Property Objects

Data contents of the Real Property Register Cadastral data about immovable item Map of the Real Property Register Real rights in immovable items and data about the holders of these rights Legal facts related to immovable items, real rights in them and restrictions on these rights Immovable items: - land plots; - constructions; - flats in multi-flat houses; - premises. First and family name of a physical person; Personal code; Name of a legal entity, its code; Address; Sale-purchase contract; Contract on exchange; Contract of gift; Contract of lease; Contract of enjoyment; Contract of rent; Other legal facts. Data identifying a property object; Qualitative and quantitative characteristics of property object; Main objective purpose of use; Other. Graphical data about the boundaries of a registered immovable item, its location and position in the national co-ordinate system Ownership right; Right of entrust; Right of possession; Servitude; Usufruct; Right to build-up; Long-term lease; Lien; Mortgage; Other real rights.

Lithuanian Real Property Cadastre and Register  Unified  Property objects and rights in single organization and single system  Land and constructions (houses, apartments, premises, utilities, roads, railways, etc.) in single system  Value information is in the same single system  State and private properties are treated equally  Centralize d  Central data bank for the whole country  Legal status has data only in central data bank  Digital  Cadastre and legal data (graphical and descriptive) covers whole country  Legal force has only digital data (extracts of databases)  Data services available on-line (e-services), e-transactions in process  Multipurpose  Property guaranty, taxation, valuation, market service  Self financed  Full cost recovery from fees of the clients

Information flow Real Property Register Register of Legal Entities Address Register Counties Municipalities Localities Streets Counties Municipalities Localities Streets Name Code Address Office address Unique code of the object CENTRE OF REGISTERS

History of Land Administration in Brief  Middle of XVI century. Žygimantas Augustas. Statute of Grand Duchy of Lithuania. Land Book.  first land reform  first land cadastre  Abolishment of serf age  reform of landed property (lords’ land)  beginning of individual farming  Stolypin’s land reform in Russian empire  beginning of free land market  local community has got a right  to distribute land  Independent Lithuanian state  broad land reform  systematic land cadastre  Soviet occupation  land nationalization  cadastre of collective farms (kolkhozes)  Restoration of independence  land ownership restitution and privatization  building of real property cadastre and register

LA Institutional Framework Public sector (public servants) Non profit seeking, legal power Private sector (surveyors and valuators) Profit seeking and limited responsibility Mixed sector (registrars, cadastrars, cartographers and notaries) Limited profit seeking, legal responsibility Real property administration system Surveyors and valuators associations as a professional unions Owners or pretenders to real property

Private Sector Capacities  Companies  200 small size surveying companies (1 – 5 surveyors)  10 middle size companies (5 – 20 surveyors)  5 companies more then 20 surveyors  Equipment  150 total stations  40 GPS  Almost all computerized

Market Activities of Private Sector  Engineering surveys  Topographical surveys  Cadastral surveys  Others (agriculture, etc…)

Public Sector Capacities   Civil servants (1200)  State owned companies  State land survey institute (500)  State enterprise Center of registers  Registrars (500)  Surveyors (600)  Valuators (70)

Real Property Administration System COUNTY MANAGERS’ ADMINISTRATION S CITY AND DISTRICT MUNICIPALITIES MORTGAGE  Registration and registration out of mortgages;  Administration and updating of Mortgage Register. MORTGAGE  Registration and registration out of mortgages;  Administration and updating of Mortgage Register. NOTARIES  Conclusion and confirmation of transactions related to real property. NOTARIES  Conclusion and confirmation of transactions related to real property. FOUNDER FOUNDER’S FUNCTIONS DELEGATED TO FOUNDER FOUNDER’S FUNCTIONS DELEGATED TO MINISTRY OF JUSTICE GOVERNMENT OF THE REPUBLIC OF LITHUANIA  Reception of documents necessary for registration of real property and rights to it and expertise of these documents;  Registration of real property and rights to it, restrictions on these rights, legal facts;  Cadastral surveying of land and buildings, collection of cadastral data;  Issuing of documents proving ownership or use rights to real property;  Research and valuation of the real property market for taxation and other purposes;  Administration of the Real Property Register, the Register of Legal Entities and the Address Register.  Reception of documents necessary for registration of real property and rights to it and expertise of these documents;  Registration of real property and rights to it, restrictions on these rights, legal facts;  Cadastral surveying of land and buildings, collection of cadastral data;  Issuing of documents proving ownership or use rights to real property;  Research and valuation of the real property market for taxation and other purposes;  Administration of the Real Property Register, the Register of Legal Entities and the Address Register. STATE ENTERPRISE CENTRE OF REGISTERS Register of Immovable Cultural Heritage STATE REGISTERS Population RegisterRegister of TaxpayersEtc.

The Real Property Register information system combines data on land, buildings, constructions and premises and rights to them in to one system

Operation of the Real Property Register Local Divisions Working places STATE AND LAW INSTITUTIONS STATE AND LAW INSTITUTIONS MARKET PLAYERS 1. Banks 2. Owners 3. Buyers 4. Real Estate Agencies 5. Etc. MARKET PLAYERS 1. Banks 2. Owners 3. Buyers 4. Real Estate Agencies 5. Etc. REGISTERS 1. Population 2. Mortgage 3. Etc. REGISTERS 1. Population 2. Mortgage 3. Etc. Global data transfer through Virtual Private Network INTERNET Premises, flats Land Buildings Addresses GIS i nformatio n Owners Restrictions, obligations Rights Mortgages CENTRAL DATABANK OF REAL PROPERTY REGISTER Branch Offices Working places Applicants (Owners, Notaries, Lawyers, Surveyors)

Procedure for registration of real property and rights to it STATE ENTERPRISE CENTRE OF REGISTERS OWNER CHECKING OF PROPERTY CADASTRE AND REGISTRE DATA: OWNER’S RIGHTS, OBLIGATIONS AND ENCUMBERANCES ON R. PROPERTY (1-7 DAYS) Preparation of certificate for transaction EXPERTISE OF SUBMITTED DOCUMENTS NOTARY OFFICE APPROVE REAL PROPERTY TRANSACTION PRESENTATION OF APPLICATION TO ISSUE A CERTIFICATE FOR TRANSACTION RIGHT TO DISPOSE OF THE PROPERTY ACQUIRED ORDERING VIA INTERNET PRESENTATION OF APPLICATION TO ISSUE A CERTIFICATE FOR TRANSACTION REGISTRATION OF RIGHTS Order to prepare certificate for transaction REGISTRATION OF RIGHTS iN CDB Electronic document of certificate for transaction OWNER BUYER PRESENTATION OF APPLICATION TO REGISTER RIGHTS DATA ABOUT TRANSACTION IN 8 h. OWNER AND BUYER

Services for Notaries Order of Real Property Certificate C entral DB Accept order Centre of Registers Customers Prepare Print out Notary office

RESULTS OF SEARCHING – LAND PARCEL

RESULTS OF SEARCHING –ATTIC PLAN

RESULTS OF SEARCHING –PLAN OF 1-ST FLOOR

RESULTS OF SEARCHING –PLAN OF BASEMENT

 Real property cadastre and register data are collected in the central databank, which contains information about more than 5 million real properties and related rights  Information from the central databank is available to domestic customers and international users

Property items registered n the Real Property Register

Number of properties registered in the Central Databank THE CENTRAL DATABANK OF THE REAL PROPERTY REGISTER The Number of Property Items by Branch Offices ( ) Branch Office of the Enterprise Land parcelsBuildings Auxiliary buildings Flats and premises Engineering structuresItems in total Alytaus filialas Kauno filialas Klaipėdos filialas Marijampolės filialas Mažeikių filialas Panevėžio filialas Šiaulių filialas Tauragės filialas Telšių filialas Utenos filialas Vilniaus filialas Total in Lithuania :

 Last years the SECR is focusing on data quality and better services for the users  In 2003, SECR launched new version of Real Estate web portal for access of information on properties using either geographical or textual interface. Various user groups like notaries, estate agents, financial institutions, municipalities and individual persons can access information on real estate. Quality and better services

Information can be provided:  by mail on written requests  by  all customers free of charge can check via Internet whether the property is registered or not  via Internet when registered users can access the Real Property Register Databank  in a digital portable media Customers and services

 municipalities  governmental organisations  public utilities  notaries  individuals  real estate agencies  financial institutions  police/fire brigades  …….. Main users

Real Property Register on-line system architecture Central Database Client Internet browser Application server Web server

 Cadastre and Land Registry services are more and more based on digital data  Cadastre and Land Registry information is more and more provided via electronic means (remote access)  Relation between the descriptive and geometric data is 1 to 1 and stored into 1 (relational) database  Data sharing (no work duplication) became a fundamental requirement  Standardisation and Concentration is a most effective tool  New Products and Markets are upcoming Trends: automation of cadastres

Land registration systems Title registration system Registration of rights Deed registration system Registration of documents Object registration system Registration of land parcels and real estates

OBJECT 1 REGISTER OBJECT 2 OBJECT N DOCUMENT 1 DOCUMENT 2 DOCUMENT N RIGHT 1 RIGHT 2 RIGHT N 1...N Integrated Real Property registration system ECONOMICAL SIMPLICITY EFFECTIVNESS NO INSTITUTIONAL COMPETITION BEST DATA SERVICE DATA COMPLETENESS DATA SECURITY

Natural and legal entities Mortgage and Property Seizure Acts Registers Data portal of e-documents Integrated data on real property, addresses, legal entities and e-documents Population Register Other state registers Flats Land Buildings Addresses GIS Owners Restrictions, obligations Rights Mortgages CDB of Real Property Register CDB of Address Register County Street MunicipalityNeighbourhood Settlement Address of premises Address of building, block, parcel Identity CDB of Legal Entities Register Licensed activity Management bodies Subsidiaries, representations ParticipantsOther CDB of e-documents archive of SECR Documents of Real Property Register Address Register documents Legal Entities Register documents Natural and legal entities Data providers Document providers Operational Scheme of Integrated Data and E-Documents at SECR

TITLE (RIGHT) Lithuanian registration system DEEDS (DOCUMENTS) E - REGISTER CADASTRAL DATA

Thank you! Questions,opinions?