3/9/2016 | 1 ›Prof dr. Leon Verstappen ›Notary Institute Groningen Costs and savings of improving land registration in the Netherlands.

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Presentation transcript:

3/9/2016 | 1 ›Prof dr. Leon Verstappen ›Notary Institute Groningen Costs and savings of improving land registration in the Netherlands

3/9/2016 | 2 Introduction ›Do we need a perfect land registration system? ›The Dutch Land registration system public records of deeds registration of entitlements ›Two main shortages: Acquisition by prescription and succession are not registered systematically

3/9/2016 | 3 Basic registration systems ›High legal status ›Governments are authorised and obliged to use the information ›Completeness and correctness of the information

3/9/2016 | 4 Assignment ›Is there a need to improve the reliability of the Dutch land registration system by registering systematically acquisition by prescription and succession? ›Questions: Shortages? Improvements? Costs of improvements? Benefits of improvements – savings?

Acquisition by succession ›In 2010, succession in land of only 19% of deceased proprietors was registered 3/9/2016 | 5

3/9/2016 | 6 Data collection ›Are there problems in practice because of the incomplete land registration?

3/9/2016 | 7 Data collection ›Municipal departments: tax collection land acquisitions social welfare ›Land acquisition by private parties ›Notary offices

Acquisition by succession ›Costs registering succession are € 640: Costs statement of succession around € 418 Costs registration of this statement: € 222 ›Savings: € 45 per unregistered succession 3/9/2016 | 8

Acquisition by prescription ›Costs registering prescription are € 645: Costs statement of prescription € 423 Costs registration of this statement: € 222 ›Savings: hardly any problems in practice, so no savings 3/9/2016 | 9

3/9/2016 | 10 Outcome ›Although there are some serious gaps in the present Dutch system of land registration, it functions quite well in practice. ›Improving the system would come at high costs that cannot be justified by the benefits of these improvements for citizens and governments alone. ›If the government decides to improve the land registration system further, more reasons must be put forward.

3/9/2016 | 11 Conclusion It is not necessary to have a perfect system of land registration. The benefits do not outweigh the costs in the Netherlands.

3/9/2016 | 12 Thank you for your attention