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Amendments To The Law "on 22 December 1937 The Land Registry Law And The Entry Into Force Of The Order"

Original Language Title: Grozījumi likumā "Par 1937.gada 22.decembra Zemesgrāmatu likuma spēka atjaunošanu un spēkā stāšanās kārtību"

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The Saeima has adopted and the President promulgated the following laws: the amendments to the law "on 22 December 1937 the land registry law and the entry into force of the order" make law "on 22 December 1937 the land registry law and the entry into force of the order" (the Republic of Latvia Supreme Council and Government Informant, 1993, 14./15. no) the following amendments: 1. Put article 5 by the following: "5. the natural and legal persons in the land register and land it writable property rights strengthened based on city councils and county councils, as well as the decision on the judgment of the Court of Justice and the Central Land Commission decisions that are not in accordance with the procedure prescribed by law in the appeal court.
1. Note: Check the city councils and Parish Councils, on the legality of the decision of the former land owner of land property rights supporting documents recognised: the national archives, the judgment of the Court of Justice or other land property rights supporting documents, including the Land Registry Act and the land of the notarized purchase agreement drawn up to 21 July 1940, if by the authorities for a decision on the restoration of property rights to the same land is not filed in the controversial land ownership documents.
2. Note: Heirs of the land property can be registered without the land owner's death certificate in cases where submission of the former landowners in the age of the City Council or Parish Council decision was adopted more than 100 years and they have not submitted the land property rights renewal request.
State and local land and the land of the record property rights strengthened on the basis of the documents specified in the law "on State and local land ownership rights and the consolidation of the land".
Land use (including rental) only strengthened property rights for land consolidation. If the land owner is with land users writing about land use (including rental) rules or do not give written consent of land use (including rental) law to strengthen the land user (also the lessee's) rights in the land strengthened on the basis of the judgment of the Court of Justice. The following rules also apply in cases where the building (structure) the owners refuse to conclude land lease agreements with the landowners. "
2. To make article 6 by the following: "6. According to article 298 of the Civil Code of buildings (constructions) legal registration can only be done by land registration in the land register, with the exception of the law referred to in article 7. If land and buildings (constructions) belonging to one and the same person, the land and buildings (structures) registration and property rights to be made at the same time strengthening.
Where on Earth is another person owned the building (construction), the land registry of the partitions (foil), first paragraph, first entered in section special markup.
Land reform permitted during building (structure) of the registration prior to the recording of land in the land according to this law, the provisions of article 7.
Strengthening property rights to such buildings (structures), located on the shore of a foreign land, a notice given or made land, that land ownership is not cleared. "
3. To make article 7 by the following: "7. Buildings (premises), where natural or legal persons for this purpose built under at the time, the existing laws of the land granted to or acquired by another legal way, but property rights are renewable, the former owner or his heirs, or on the ground that, in accordance with the special law in the land to the State of the record, or the name of the municipality, as well as the building (construction) where natural or legal persons obtained in accordance with the laws governing the State and municipal property privatisation, land can be recorded before the Earth burning and strengthening property rights of persons referred to in the following cases: 1) if the buildings (premises) situated on the former land owner (natural or legal persons) plot of land and according to decision of the municipality a certain plot of land in the area, boundaries, land borders and approved plan as well as the assigned cadastre number;
2) if the building (construction) is located on the former owner of several parcels of land, and according to the decision of the municipal land-use planning projects drawn up, specific land area, borders and approved land plan and cadastral number assigned.
Typing in such property in the land registry, for each parcel of land partition is opened (foil), as indicated in the first paragraph of the address and the cadastral number, but the building (structure) for entry and property rights for the strengthening of land partition that you want to add additional parts labeled (liter) of "A".
If the land property in the building (construction) owner or the building (construction) acquires ownership of the land, the land of the partitions and the partition connection lockable from the first paragraph of the first section (article 6, second paragraph) that you want to delete the recorded tag. "
4. Make the following article 8: "8. the property rights based on shore to buildings (structures), pursuant to this law, 9. — the provisions of article 13, the following documents are to be recognized: 1) inquiries about State Archives building (structure) or land ownership in 1940;
2) statutory authority documents issued for property unlawfully disposed of to restore buildings (structures);
3) approved the legislation on local government buildings (structures) acceptance into service.
Note the. If the Act of building (structure) acceptance into service has not been drawn up or have survived and the building (construction) built by 1993. on 5 April, when designing for the building (construction) commissioning, the building (construction) izpildprojekt is not enforceable;
4) deeds of the building (structure) of the inheritance acquisition, purchase or other legal transaction;
5) Court judgments or decisions that recognized the acquisition of property, except in the judgment of the Court of Justice referred to the 1991 30 October the law "On property return the rightful owners" in article 7 and 8;
6) on the acquisition of buildings (structures) of the auction in court;
7) extracts from books, or the holding of inventory holding cards issued by municipalities or the national archives and showing the buildings (premises) of the acquisition due to the statutory matrimonial property regime in the farm kolhozniek (peasant farm);
8) for administrative procedures adopted in the national or local legislation on State and local government-owned buildings (structures) another holder of the right of ownership (together with the acceptance and transfer of the Act);
9) statutory documents of the building (structure) acquisition of State and municipal property privatisation as a result of the privatisation process in compliance with the procedure laid down in the law;
10) other documents that attest to the building (structure) acquisition. "
5. Express article 10 by the following: ' 10. strengthening property rights on privatised apartments apartment house can only when in the land according to this law, article 6 or 7 of the regulations is a residential house. Property rights to the apartment homes apartments obtained strengthened as the owner of the shared ownership housing unless the owners agree otherwise or the special law does not determine the order of the other. Strengthening the right of joint ownership, at the same time indicate that the apartment is the owner of each property.
Gardening, garage, cottage or other cooperative (collaborative) society's ownership rights to buildings (structures) if land ownership, a strengthening of this law, in article 6 and 8. If society building (building) located on foreign countries, and the land of the writable property rights strengthened buildings (premises) to the owner of this law, in article 7 and 8. "
6. Add to article 11 the third paragraph with the words "except its building (construction), which alienated in accordance with the procedure prescribed by law".
7. Supplement article 19 with a note on the first part and the second part as follows: "Note. Latvian mortgage and land bank with natural persons concluding contracts in the redemption of the land according to the civil code and article 1473.1474 is not required but a notary.
In the course of land reform is possible with real estate-related documents on the land registry Department of English, Russian and German languages without notarized translation into the national language to add, if the documents presented by 1993 April 5. "
8. Supplement article 20 with the second part as follows: "a natural person — — former land owners, who on 21 July 1940 on land owned by the Republic of Latvia, their spouses and first class legal heirs, the politically oppressed and disabled persons in Group I, for which the land is restored in the course of reform of land property right — — are exempt from the Land Registry Act, article 107 of the registry fee."
9. Article 21 shall be expressed by the following: "21. Determine that after 5 April 1993 concluded a real estate transfer agreements cannot be the basis for acquiring property for strengthening, if the land has not been fixed in the seizure of property rights in accordance with this law, 5, 6, 7 and 8 of article."
10. To supplement the law with the new 21.1 the following article:

"21.1 provide that applications for real estate in the land of the original recording and the property rights of land registry office on the strengthening of the month."
 
Transitional provisions with the entry into force of this law shall lapse at Cabinet of Ministers Regulations No. 3 "on amendments to the law of the land" in 1995 on January 5, issued by the constitutional procedures specified in article 81.
The law adopted in 1995 the Saeima April 27.
 
Riga, 11 May 1995 the President g. Ulmanis