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Legal Challenges of Interconnection of Land Registries
Alasdair Lewis ELRA President XIII General Assembly Brussels, 10th December 2013 1
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•. To facilitate the free movement of capital and people, we
• To facilitate the free movement of capital and people, we want to make information regarding the ownership of land in the Member States available to our citizens • One of the best ways of doing this is by providing access to information held by the Land Registries (“Land Registers Interconnection”) • However, in order to achieve this, we need to recognise and overcome some legal challenges XIII General Assembly Brussels, 10th December 2013 2
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• Those legal challenges include:
Language and terminology Identification of the plot Not every Land Registry is open to public inspection Differences in the technology used by each Land Registry Self-financing of Land Registries Title registration systems vs deeds registration systems XIII General Assembly Brussels, 10th December 2013 3
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We should start with what information the citizen wants. This includes:
• Where is the land? • Who owns it? • Is there a mortgage? XIII General Assembly Brussels, 10th December 2013 4
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Most people will want to search for the land using geographical information, such as:
• An address • A map • An aerial photograph XIII General Assembly Brussels, 10th December 2013 5
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• The meaning of the terms used
So that people are not misled, we need to explain the information (i.e. “metadata”). For example : • The meaning of the terms used • The extent to which the information can be relied upon • How further information and support can be obtained XIII General Assembly Brussels, 10th December 2013 6
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•. Although there are many differences, Land
• Although there are many differences, Land Registries have enough in common (such as A,B C or A, B, C, D registers) to enable us to present basic information in a standard form. • The objective of the IMOLA Project is to design that standard form or template. • We are not starting with a blank piece of paper as we can draw on the experience of both the European Land Registry Network (ELRN) and EULIS. XIII General Assembly Brussels, 10th December 2013 7
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THANK YOU!!!! secretariat@elra.eu 8 XIII General Assembly
Brussels, 10th December 2013 8
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