1. LAND DISPUTES Arvydas Bagdonavičius Deputy Director Arvydas.Bagdonavicius@registrucentras.lt Aidas Petrošius Spokeman Aidas.Petrosius@registrucentras.lt

2. PROCEDURES IN WHICH LAND DISPUTES MAY OCCUR  Formation of land lots  Registration of land lots and corresponding rights  Further land administration

3. FORMATION Formation of land lots is conducted according to the Law on the Land Reform (25/07/1991). Land reform consists of:  Restitution of the ownership of real estate nationalized or otherwise illegally expropriated under Soviet occupation of Lithuania (1940-1990)  Privatization, rent or uncompensated use of state land  Land consolidation (implemented in order to create bigger plots of agricultural land)  Spatial planning

4. REGISTRATION Land lots and corresponding rights are registered at the Real Property Cadastre and Register under State Enterprise Centre of Registers (CoR). The Real Property Cadastre and Register consist of integrated central database, interactive cadastral map and digital archive. Electronic entry of the Real Property Cadastre and Register has prima facie over printed document. Registration of land lots and corresponding rights must be based on (a) formal request, and (b) legal basis provided by decision of authorized institution or court. CoR is liable for compensating damages occurred because of faulty decisions of registrar. Reparation fund is accumulated constantly.

5. FURTHER ADMINISTRATION Further land administration implemented by owner of land, authorized institutions or court:  Amalgamation  Separation  Change of use purpose  Spatial planning  Nationalization for public needs

6. LAND DISPUTE RESOLUTION Extrajudicial procedure is mandatory in most cases in order to be heard in court. Administrative litigation solves disputes arising from land lot formation, registration or further administration procedures. Civil litigation (a) solves civil disputes of land owners or (b) determines damages and the compensation.

7. EXTRAJUDICIAL PROCEDURE (I) In land formation and further administration: Overdue term of extrajudicial appeal may be renewed by the head of the National Land Service Under Ministry of Agriculture Complaints have to be resolved within 1 month Actions or inaction of bureaucrats may be appealed to the head of the National Land Service Under Ministry of Agriculture Disputed decision may be appealed in 20 days after adoption to regional branch of the National Land Service Under Ministry of Agriculture (until 2010 - to the Office of the County Chief)

8. EXTRAJUDICIAL PROCEDURE (II) In registration of land lot and corresponding rights: Overdue term of the extrajudicial appeal may be renewed by the Central Registrar Dispute Commission Complaints have to be resolved within 1 month Disputed decision of the regional branch of CoR (regional registrar) may be appealed in 30 days after adoption to the Central Registrar Dispute Commission of the headquarters of CoR (central registrar)

9. FLAWS AND MERITS  Constantly changing legal basis (f. e. Law on the Restitution of the Citizens’ Ownership Rights of the Remaining Real Estate amended 26 times since adoption of the current edition in 1997).  Brief judicial procedures (Lithuanian public benefits from the second shortest civil procedure in EU).  Credibility through technology (Technologies in cadastral surveying, spatial planning and land registration prevent errors and mistakes that could end in land disputes).

10. STATISTICS Up to 400 land registration disputes per year. Approx. 95% of land disputes solved during extrajudicial procedures. Up to 20% of appeals satisfied in extrajudicial procedures. Up to 5% of appeals satisfied by court.

11. DEVELOPMENT OF LAND ADMINISTRATION IN LITHUANIA Paper files (BTI) Topographical map Separate formation and registration of Land and Construction Analog survey equipment Limited public data Integrated digital data of Cadastre, GIS, register Data of Cadastre and register from CDB have legal power. Digital survey equipment Public access to data and services Registers and cadastral data merged with municipal data to create context for new services and solutions Digital notarized property transaction Drones about to be deployed for greater surveying speed and accuracy New land lots are formed online on live cadastral map (Geo-surveyor application of CoR) Open data 1990-1996 1997-2004 2005-2015

12. EVOLUTION OF CADASTRAL DATA 1997-20041990-1996 2005-2015

13. DATA INTEGRATION Mortgage Register Register of Property Seizure Acts Register of Territorial Planning Documents Forestry Cadastre State Cadastre of Protected Territories Register of Immovable Cultural Properties Other registers and cadastres Notaries Banks Leasing companies Real property companies Property valuers Insurance companies Lawyers Bailiffs Other MARKET PARTICIPANTS PUBLIC SECTOR CENTRAL DATA BANK State institutions Law institution Municipalities PRIVATE SECTOR Premises, flats GIS information Mortgage Buildings Residents Restrictions, obligations Addresses Land Legal entities Rights Cadastral data Market value

14. EXAMPLE: REGIA.LT Working in the service environment, the REGIA users can: create and manage their own data layers store and manage information or documents decide whether his data layer is publicly visible & who is entitled to use it services in the review mode are publicly accessible

15. REGIA SERVICE ADMINISTRATOR ENVIRONMENT Within its managed data layer, the administrator can store and manage own data, information or documents, create and provide services based on geo-referenced data.

16. PUBLIC REGIA It is up to the user to decide whether his data layer is publicly visible and who is entitled to use it. REGIA services in the review mode are publicly accessible.