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BalticLegal Offline



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18.11.2022 13:42
Land register in Latvia Antworten

As a rule, the owner of a property cannot be determined from the property alone. Disputes involving tangible property are less frequent and the value of tangible property is rarely significantly high. The situation is different with real estate. A person's rights to immovable property are part of the constitutionally protected rights to property, including the right to housing. The mechanism for ensuring a person's rights to immovable property is an integral part of enforcing Latvia's democratic principles. In Latvia, this mechanism is implemented through land registers.

The updated Land Register Act 1937 came into force in April 1993. It recognizes the mechanism of confirming immovable property or registering ownership rights in the land registry. The system of acknowledgment or token transfer requires that the legal basis for obtaining ownership rights be in writing. Accordingly, the beneficiary is entitled to require the person selling the property to take all actions necessary for the entry of the transfer of the property in the land register.

Only someone who is entered as the owner in the land register can be recognized as the owner. Until the entry in the land register, the purchaser of the property has no rights against third parties: he may not use any of the benefits associated with the property and must enter all actions related to this property by the registered person as the owner in the land register as effective.

The registration procedure can be divided into the following phases:

Preparation. In this phase, one or both parties to a legal transaction become aware and express the desire to conclude the relevant real estate transaction and inquire about the possibilities of implementation.
signing a contract. The parties agree on and sign a contract, as well as other necessary measures to ensure that the terms of the contract are in line with existing laws and regulations, i.e. so that the property can be registered in the land register.
pre-registration phase. At this stage, all the necessary documents to register the transaction in the land register are prepared or received.
Registration (or Waiver) of Ownership. This phase begins with the submission of an application for registration to the land registry and ends with the decision of the judge.
last stage. The aim of the transaction will be fully achieved and the institutions named in the relevant laws and regulations will be informed.
If new property has been created or the content of the property changed as a result of the contract, the following additional steps are required:

Indication of immovable property. At this stage, new objects of immovable property are created – plot units, structures, buildings, plot groups or changes are made to existing objects.
formation of immovable property. At the proposal of the owner, a new plot of land is created from the existing or newly created immovable property or the content of plots of land is rearranged.

https://www.baltic-legal.com/land-register-in-latvia-eng.htm

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