Recent Amendments On The Registration With The Cadaster And Land Book Records

On 6 January 2019 has entered into force the Order no. 3442/2019 of the general director of National Agency of Cadaster and Real Estate Publicity on the amending and supplementing the Regulations for the approval, reception and registration with the cadaster and land book records which was approved under the Order no. 700/2014 (the New Regulation).

There are certain essential aspects to be considered, as presented below:

Registration of real rights in relation to immovable assets (in Romanian intabulare) The New Regulation provides the manner of registration of the ownership title of co-owners, respectively regulates the case when not all co-owners are known. Thus, (i) in case the co-owners are identified and the shares are determined, the registration will include the actual co-owners and their shares; and (ii) for the other shares, the registration will include the "unidentified owner" phrase. Also, it is provided that, after opening the land book, the whole immovable asset or a determined share quota may be object of the registration of real rights in relation to immovable assets (in Romanian intabulare) or of the provisional registration (in Romanian înscriere provizorie). Registration of rights in relation to immovable assets, other than real rights (in Romanian notare) The list containing the cases of registration of rights in relation to immovable assets, other than real rights, has been completed, by adding two new cases, more precisely (i) the obligation regarding the use of the historical monument (easements constituted in favor of the immovable asset) and (ii) the leasing agreement having as object the use of the immovable assets. The New Regulation supplemented the documents based on which this type of registration with the land book is made, namely such registration may be also performed on the basis of an administrative act that establishes or attests the right, the fact or the report subject to this registration. The rank of the registration The rank of the registration is determined by the date, hour and the minute of registration. The rank of the registration can be modified by the agreement of the parties only regarding the mortgage rights. In case several applications for registration of mortgage rights on the same immovable asset are filed within the same day, without being able to establish the order of the submission, the mortgage rights are registered with the same rank. Also, the mention of the equal rank will be...