Question: What is the Land Registry in Romania and how can I use it?
Answer: The Land Registry is a public record, which includes legal full and accurate data of real estate property and individuals from a specific area. The land registry and cadastral works can be carried out by authorized experts, under strict surveillance by NACLR (National Agency for Cadastre and Land Registration).
The Land Registry proves the existence of a registered real right in favor of the person who acquired in good faith the immovable property rights. The real estate advertisement is accomplished across the country by land search certificate and its main purpose is to register the land ownership right and other real rights which are to be transmitted, modified or, if necessary, erased as a result of legal acts and facts related to an immovable good.
In the Land Registry Romania, there can be identified also some other judicial reports, personal rights, prohibitions and lawsuits concerning the immovable good.
Question: I would like to buy some land in Romania. What do I have to do after that?
Answer: Any real estate registration of a purchase and sale contract must be premised upon the registration in the Land Registry, which is also called in Romanian “deschiderea Carții funciare”. Any immovable good (land with or without a building) must be referred to, through a real estate registration number used for future identifications. The real estate registration number is obtained based on a series of specific plans of the property drafted by an authorized expert.
In order to obtain a Land Registry extract from the Land Registry office, a public notary certifies the transfer deed and fills in the application form needed to obtain the Land Registry extract. This authentication excerpt can be requested only by a public notary. All these papers must be submitted to the relevant land registry office and the application should be stamped and signed by the notary in question and the owner of the property. A proof of payment of the imposed fee must be also attached.
Question: Are there any special requirements for registering a property with the Romanian Land Registry?
Answer: There is a strict validity period of 10 business days from the registration date. In order to secure the real estate transaction system, during this period of time it is strictly not allowed to make any other operation excluding those immediately related to the initial request. The Romanian Land Book is blocked.
The authentication excerpt can be acquired in three days through a regular procedure, or in one day through an expedited procedure. Costs vary according to the specific circumstances. This regime applies as well to obtaining information excerpt procedures.
Documents needed in order to initiate these procedures comprise: application form for the Land Registry extract, copies of identity documents, a copy of the registration decision and the proof of payment.
Question: What are the functions of the Land Registry in Romania?
Answer: As it can easily be concluded all warranties and securities offered by the Land Registry Romania are always pre-conditioned by the registration act itself. The immovable goods and their judicial position must be recorded in order to facilitate future safe transactions.
The material real estate advertisement may manifest effects only when the owner chooses to use it. The law cannot defend acts that were not previously recorded and properly accomplished according to written stipulations which were formerly made public. Only under these circumstances a future buyer can be protected against possible evictions originating from previous acquisition acts, specifically when the seller had successively sold the property to several other buyers, hiding from them the real nature of the transaction.
Through information offered by the Land Registry, not only that the owners can be protected but third parties can also initiate debt recovery procedures when dealing with individuals who are forced to sell their good in order to cover debts.
Procedures concerning the action of registering property in Romania involve several legal intricacies that can be best handled by experienced lawyers. Every specific phase in this process can and should be accurately explained and, most of all, followed in order to avoid possible future inconveniences.
Real estate transactions are highly influenced by the accuracy of performing an action according to strict legal stipulations. Our team of experienced lawyers from Bucharest and Romania can guarantee complete safety, securing real estate transactions in our clients’ best interests and also strongly supporting the fundamental principles of real estate law. Call us for a free consultation.