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State Enterprise Centre of Registers V.Kudirkos g. 18, 2600 Vilnius WWW.kada.lt Land and Real Property Registration System 2005 October Kestutis Sabaliauskas Director General State Enterprise Centre of Registers Lithuania
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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
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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
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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
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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
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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.
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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
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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
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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 1863. Abolishment of serf age reform of landed property (lords’ land) beginning of individual farming 1905. Stolypin’s land reform in Russian empire beginning of free land market local community has got a right to distribute land 1918. Independent Lithuanian state broad land reform systematic land cadastre 1940. Soviet occupation land nationalization cadastre of collective farms (kolkhozes) 1991. Restoration of independence land ownership restitution and privatization building of real property cadastre and register
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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
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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
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Market Activities of Private Sector Engineering surveys Topographical surveys Cadastral surveys Others (agriculture, etc…)
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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)
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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.
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The Real Property Register information system combines data on land, buildings, constructions and premises and rights to them in to one system
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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)
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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
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Services for Notaries Order of Real Property Certificate C entral DB Accept order Centre of Registers Customers Prepare Print out Notary office
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RESULTS OF SEARCHING – LAND PARCEL
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RESULTS OF SEARCHING –ATTIC PLAN
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RESULTS OF SEARCHING –PLAN OF 1-ST FLOOR
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RESULTS OF SEARCHING –PLAN OF BASEMENT
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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
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Property items registered n the Real Property Register
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Number of properties registered in the Central Databank THE CENTRAL DATABANK OF THE REAL PROPERTY REGISTER The Number of Property Items by Branch Offices (2005 01 01) Branch Office of the Enterprise Land parcelsBuildings Auxiliary buildings Flats and premises Engineering structuresItems in total Alytaus filialas103.48444.789133.47448.00232.935362.684 Kauno filialas192.439105.182230.496192.31776.677797.111 Klaipėdos filialas106.89246.93096.6021219.52837.220409.172 Marijampolės filialas112.47944.699148.03140.03738.079383.325 Mažeikių filialas73.24825.86181.83629.97018.811229.726 Panevėžio filialas183.82167.682192.72972.35147.833564.416 Šiaulių filialas162.64669.930203.76181.31853.905571.560 Tauragės filialas128.91842.530125.93128.82829.973356.180 Telšių filialas68.71423.74376.37226.94916.178211.956 Utenos filialas115.40651.782153.26145.58935.274401.312 Vilniaus filialas226.701120.807305.128294.99671.7641.019.396 Total in Lithuania : 1.474.748643.9351.747.621981.885458.6495.306.838
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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
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Information can be provided: by mail on written requests by e-mail 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
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municipalities governmental organisations public utilities notaries individuals real estate agencies financial institutions police/fire brigades …….. Main users
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Real Property Register on-line system architecture Central Database Client Internet browser Application server Web server
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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
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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
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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
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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
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TITLE (RIGHT) Lithuanian registration system DEEDS (DOCUMENTS) E - REGISTER CADASTRAL DATA
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Thank you! Questions,opinions?
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