Executive order on documentation and registration, etc. of documents concerning agricultural properties
Pursuant to § 37, article 38, paragraph 2, and section 43, paragraph 3, of the Act on agricultural properties, see. lovbekendtgørelse nr. 1202 of 9. October 2007, and after negotiation with the Minister of Justice and Minister of the environment shall be based on:
§ 1. To a document about the documentary on an agricultural estate, in whole or in part is located in the rural zone in accordance with the law on planning, or on a share of stock in such a property, must be able to be registered, must be opposite to the land registration Court either
1) be provided evidence that the transferee has delivered an appropriate declaration to the Food Business Regulation. (2) whether the fulfilment of the conditions laid down in Chapter 7, 9 or 10 of the Act on agricultural properties, or
2) be authorized for acquisition in accordance with the rules of the Act on agricultural properties.
(2). This declaration shall be made out on a form that can be downloaded from the Food Business website (URwww.ferv.fvm.dk). The form can also be obtained from the Food Business, Area Office (phone: + 45 33 95 82 01). Declaration form must be the schema that is valid on the date of signature.
§ 2. The provisions of paragraph 1 shall not apply upon registration of a title on an agricultural estate in the following cases:
1) By acquisition from the spouse by acquisition to hensidden in undivided bo, by sharing of community property or by inheritance. Documentary evidence can be registered immediately after section 14 (1) or section 16, paragraph 1. The land court may require proof of marital relationship and that the testator or the transferor has had legal title of the property.
2) By public Danish authorities ' acquisition of an agricultural estate in the rural zone, however, the documentary evidence by registration of title of the people's church be accompanied by an authorisation to acquire from the Church Ministry, see. Article 22, paragraph 2.
§ 3. By the acquisition of an agricultural estate, which lies completely in urban areas or in the cottage area in accordance with the law on planning, or acquisition of a share of stock of such property can be registered, the documentary evidence if it contains a statement that no part of the property is located in the rural zone. The land court may require documentation for the property's zone status by declaration from the Municipal Council.
§ 4. It is the responsibility of the land ownership law by deleting it in the land register in accordance with article 17, paragraph 3, of law No. 114 of 4. April 1967 on agricultural properties made listing of an agricultural estate as family property, if the transfer occurs to anyone other than the owner's spouse or persons who are related by marriage or with the previous owner in the ascending or descending line or in the side line as close as siblings or their children, see. section 19 (2) 1. paragraph, of the Act on agricultural properties. Documentary evidence may, however, be introduced provisionally in the land register with the deadline for obtaining evidence that the transferee is covered by article 19, paragraph 2, 1. PT.
(2). Land registration law shall ensure that listing as family property is deleted from the land register in connection with approval of a reorganisation of land between farms, whereby a property is listed as a family estate, increased regulation. section 19, paragraph 2 2. paragraph, of the Act on agricultural properties. Mapping Agency shall communicate on behalf of the Commission, the Court of first instance, whether the agricultural mentioned listing should be deleted or retained.
(3). The land court sends message to the mapping agency and agricultural Commission that made the cancellation of the listing of "family property" in accordance with paragraph 2.
§ 5. A contract, etc. about the lease, rental or conditions relating to an agricultural property or a part thereof must, in order to be able to be registered either
1) contain a declaration by both the landlord and tenant (tenant or user) that the contract is valid without permission under section 27, paragraph 1 – 4, and section 28, paragraph 1, of the Act on agricultural properties, or
2) be accompanied by a permit pursuant to section 27, paragraph 5, or section 28, paragraph 2, of the Act on agricultural property for contract award.
(2). The provisions of paragraph 1 shall not apply upon registration of contracts, etc. for the affixing of the electricity pylons or similar on agricultural properties, see. section 4 of Executive Order No. 107 of 25. February 1991 concerning land development requirement.
§ 6. If a document of title or a contract for the lease, rental or usage conditions that only valid can be created with permission in accordance with the law on agricultural properties, notification to registration more than 4 weeks after the conclusion of the agreement referred to in article 6. Article 40, paragraph 1, and the required permission is not included in the notification of the registration document shall be rejected from the land register, see. However, paragraph 2.
(2). A document of title or a contract for the lease, rental or usage conditions be registered at the request of the notifier with the deadline in the following cases:
1) by notification to registration upon proof that the application for an authorisation to acquire or lease, etc. is submitted to the Commission of agricultural or Food Business before the expiry of the time limit referred to in section 40 of the Act on agricultural properties.
2) When it by notification to registration is established that property within 4 weeks after the transfer or lease, etc. is transferred to a new owner or tenant (renter, or user).
3) where the notification of registration shall be attached to the Declaration of fulfilment of the conditions of acquisition, in accordance with article 3. section 1, paragraph 2, and it must be stated that the Declaration will be transmitted to the Food Business immediately after the document is thing want with deadline for obtaining the necessary documentation.
§ 7. The notice shall enter into force on 8 November. September 2009. At the same time repealed Executive Order No. 865 of 19. August 2004 on documentation and registration, etc. of documents concerning agricultural properties.
(2). Documents about the documentary, which is endorsed by the municipality in accordance with the rules in force before 8. September 2009, can be used as proof that the necessary authorisation or declaration under section 1 are available.
Food Business, the 3. September 2009 Aren't b. Jackson/Kurt Vagner Jensen