Rules On Real Estate In The Land Register Recording

Original Language Title: Noteikumi par nekustamo īpašumu ierakstīšanu zemesgrāmatās

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Cabinet of Ministers Regulations No. 140 (No. 21, § 19) Riga 1996 April 10, rules on real estate in the land recording Issued by the constitutional order laid down in article 81 of i. General questions 1. These rules shall lay down the procedure by which the land registry in the record of the natural and legal persons and privatised land recovered, State and local governments, as well as residential land and buildings (structures) located on this earth or ground.
2. the property rights in the land under the Land Registry Act strengthened (laws and regulations, 1937, no. 38; The Republic of Latvia Supreme Council and Government Informant, 1993,/15.nr.) 14. subject to the requirements of these rules.
3. Real Estate in the land, based on a recordable document confirming a legal real estate acquisition.
4. the request to be added to the shore also document on payment of the fee for the registry, except where the applicant, in accordance with the law, exempt from the charge. For land to be added to the request of shore land plan, in relation to the buildings (construction) display the inventory file, which contains the current building (construction) the assessment and disposal ban registered and other burdens or checked on the ban and absence of encumbrances. Other documents in addition to the shore request plug-in in the cases set out in these provisions.
5. the documents annexed to Shore's request to be kept in the case of immovable property, but the owner at his request for the land registry law be served 91. in accordance with the procedure laid down in article prepared for the Land Registry Act. If the owner wants the land registry Department shall issue his transcripts from the shore the documents accompanying the request.
6. the inventory file included in the messages that give the building (structure) and evaluation, in the form of a copy of the property that you want to add a case, but the same inventory file returned to the owner.
 
II. Land in the land register recording 7. Natural or legal persons to recover land in the land register on the record of this person's name, on the basis of the decision on the renewal of land property rights in accordance with the law "On the privatization of land in rural areas" (the Republic of Latvia Supreme Council and Government Informant, 1992,/33./34.nr. in 1993, 32;/9.nr.; 8. Latvian journal, 1993, no. 130; 148. in 1994, no; 1995, no. 162; 1996, no. 5), the law on land reform in the cities of the Republic of Latvia "(official Edition AROUND the MP, 1991, no. 14; Latvian journal, 1994, nr. 47, 145; 1995, nr. 169; 1996, no. 5), law on land commissions "(Republic of Latvia Supreme Council and Government Informant, 1990, no. 31;/28.nr.; 27, 1991, 1992, 2/3, 6./7.nr.;/19.nr; 1993, 18. Latvian journal, 1993, no. 62, 108; 90. in 1994, no; 156. in 1995, no.) and the law "on property-religious organizations" (the Republic of Latvia Supreme Council and Government Informant, 1992, no. 22; Latvian journal, 1994, nr. 7, 130) or the judgment of the Court of Justice.
8. State and municipal land in the land to the State of the record, or the name of the municipality on the basis of the documents specified in the law "on State and local land ownership rights and the consolidation of the land" (Latvian journal, 1995, 56 no).
9. Natural or legal persons in the land registry office to record land privatised on the basis of the purchase agreement and the legal powers of the decision adopted by the institution.
10. If the land privatised together with national or local company and before it has been recorded in the land register, request to be added to the shore reference drawn up the law "on State and local land ownership rights and the consolidation of the land".
11. by entering the land of Earth, the land registry Department of the Chief or his Deputy, according to the land registry law 77. Article 50 of the request and the appearance of these rules 7, 8, 9 or 10. referred to the relevant documents, as well as make sure the request is added to the rule in paragraph 4, the documents said.
12. At the same time with the Earth in the land easement recordable recording specified in the decision on renewal or transfer of land ownership for consideration.
13. If the decision on the renewal of land property rights in land or property for charges specified in the aprobežojum property or the burden, while the land in the land register recordable recording the following text: "the content Is under a burden … …." or "the decision is in accordance with aprobežojum.........".
 
III. Individual buildings (premises) of the land recording 14. Buildings (premises) of the land after land record recorder in the land or simultaneously with it except this provision in paragraph 16.
15. If the land is recorded in the building (construction), located on the land, the land of the partition that you want to add an additional partition is labeled (liter) and the "A" partition of the first paragraph of the first section of it "is to be found in additional partition". If the land is the property of buildings (structures), the owner or the building (housing) estate in the land, the additional land partition and it concluded the first part of the first section that you want to delete the tag.
16. land reforms during the permitted building (structures) recording in the land before the Earth burn the land register in the following cases: 16.1 (construction) buildings erected on land legally granted or acquired on other legal grounds, but land ownership rights restored or renewable, the former owner or his heirs;
16.2. buildings (structures) on the ground that under the law of the land to the State of the record, or the name of the municipality;
16.3. the building (construction) obtained in accordance with the laws governing the State and municipal property privatisation.
17. If the request for the shore buildings (premises) is submitted to the land registry office recording before recording in the land, the land of the border plan with cadastral number, and the statutory authorities of the decision on the parcel area and boundary plan approval.
18. If the building (construction) are recorded in a land registry office prior to the recording of the land registry, the land registry will reveal more of the partition and the partition. The first part of land appearing on the address and cadastral number, but records and marks on buildings (structures) to do an additional partition. 50 entries for mark to be made in that land ownership is not cleared.
19. Building (building) in the land of the record, based on one of the following documents: 19.1. statement of the State Archives building (structure) or land ownership of 21 July 1940, when the building (construction) built up to 21 July 1940;
19.2. statutory document issued by the institution of property unlawfully disposed of restoration to buildings (structures);
19.3. the approved legislation on the building (construction) acceptance into service;
19.4. the written law of the transaction for the acquisition of buildings (structures).
 
Note the. If the deal is closed until 28 February 1993, as well as in other cases stipulated by law it must be notarized.
19.5. the certificate on the right to inheritance (to 1993 December 31);
12.2. the judgment or decision, except in the judgment of the Court of Justice, referred to in the law "on property return the rightful owners" (the Republic of Latvia Supreme Council and Government Informant, 1991, nr. 46; Latvian journal, 1994, no. 42.) articles 7 and 8;
19.7. the Act concerning the acquisition of buildings (structures) of the auction in court (to 14 October 1995);
19.8. the extract from the book or the holding of inventory holding cards issued by a State or local government archives and certifying the acquisition of buildings (structures) with regard to the statutory matrimonial property regime kolhozniek farm;
12.4. the contract for the building (structure) of obtaining State or municipal property privatisation;
19.10. other documents that attest to the building (structure).
20. Where a natural person is not saved to the property rights of the identity document (contract, certificate of inheritance rights, the Act of building commissioning and similar documents), the building (construction) land of the record in that person's name, on the basis of a municipal or State land service statement, indicating on what legal basis this person acquired the building (construction).
21. Building (structures) for which you have placed a check mark in the inventory file for illegal construction, is not writable in the land.
22. If the land is recorded in the building (construction), which imposed in accordance with the procedure prescribed by law and the State land service or local prohibition of disposal of the registered easement, the land register or transfer prohibition or easements writable markup and markup to be deleted only at the request of the interested parties.

23. If an individual building (structures) acquired after April 4, 1993, transaction or as a result of inheritance, they burn the land to that person with the condition that the applicant provides proof of concept that the seizure had been the owner of the building (structure). If the seizure of the building (construction) won by 4 April 1993, submitted evidence of previous seizure or the testator's property rights and the legitimacy of transactions (legal capacity, legal capacity, consent to third parties when required by law such consent, required State fees) until the seizure has been shown or the testator's property rights (construction, registration in the State land service or municipality).
24. If the applicant can shore not to submit these rules referred to in paragraph 23, the land registry Department of the resources of the shore requesting official press Edition of the "journal" in which the announcement of persons who dispute the property going to the shore, you invite the applicant, within three months from the date of publication of the advertisement to sue and to notify land registry Department. If the time limit specified in the advertisement such notification has been received or the Court rejected the claims, property rights strengthened the person who submitted the request for reinforcements, and any future disputes about the transaction to be rejected.
25. This provision of the conditions referred to in paragraph 23 apply and buildings (constructions) in the land of recordable general order, if they have been obtained on the basis of the laws governing property rights or national and municipal property privatization or expropriation.
26. Horticulture, garage, cottage or other cooperative (collaborative) society building (construction) General order of the record in the land in his name. Request to be added to the shore of the cooperative, his successor in title or the archive information that this person is (has been) a member of the cooperative at the time when the building (construction) put into operation. The certificate is not required, if the relevant Member of the cooperative legislation is drawn up for the participation of the building (construction) commissioning.
27. Year of construction (started construction to commissioning) of the burn in the land, on the basis of a certificate issued by the būvinspekcij, which contains the legal basis and the construction of the new building's characteristics.
 
IV. Legal persons building (structure) of the land recording 28. Legal person building (construction) of the land, entered pursuant to this rule 14-18 and paragraph 27 of such requirements.
29. Building (structures) located on the balance sheet of the legal person itself does not create property rights, except in the law "on housing estate" (Latvian journal, 1995, nr. 157.) 25. as provided in article.
30. Building (building) in the land of the record, based on one of the following documents: 30.1. statutory document issued by the institution of property rights of renewal;
30.2. the approved legislation on the building (construction) acceptance into service: 30.3. transaction for the acquisition of buildings (structures);
18.9. the judgment of the Court or the decision, with the exception of the judgments referred to in the law "on property of the rightful owners claim" in article 7 and 8;
5. Act concerning the acquisition of buildings (structures) of the auction in court (to 14 October 1995);
administrative order 19.0 accepted national or local legislation on the transfer of buildings (structures) to another entity, also of their inclusion in the fixed assets of the company (companies);
19.1. the contract for the formation of the company, attesting the transfer of buildings (structures) of the property of the company;
19.1. the asset evaluation instrument which certifies buildings (premises) into the fixed assets of the company, converting the State or municipal enterprise of the company;
19.2. sworn auditor, certified local governments, public authorities or public enterprise certificate testifying that House the company's balance sheet or assets;
30.10. other documents that attest to the building (structure).
31. Legal persons must be accompanied by a request of shore a document proving their legal capacity and capacity to Act (statutes, regulations URu.tml.).
32. If the land is recorded in the building (construction), which is a legal person is building after July 21, 1940, to be added to the request of the shore of Government or public body defined in the proof that these objects have no public investment, or that the Government does not wish to claim that property or part thereof.
33. If the legal person building (structures) acquired as a result of the transaction, its 23-25 of these regulations in accordance with the procedure laid down in paragraph writable in the land on behalf of the legal person by checking the seizure of property rights until they have clearly proven (construction, municipal or State property, registration of the municipality or the State land service of URu.tml).
34. in paragraph 33 of these rules in these conditions is not applicable and the building (construction) in the land of recordable general order, if the building (construction), based on the laws governing the State and municipal property privatization or expropriation, or State and local government business transformation of the company.
35. The building (construction), which is a legal person, except religious organizations, have belonged July 21 1940, in the land of the burn on this legal person name only if it is a refurbished property rights to land and buildings (construction) is not inherited in State property, which represents the national authorities issued a statement.
36. the religious buildings (constructions) in the land of the record, based on the City Council or District Council decision on property rights of renewal agreement for property return.
 
V. national and municipal buildings (premises) of the land recording 37. State and local government buildings (premises), the land of record pursuant to this provision, 18 and 14, paragraph 27.
38. Building (building) in the land registry to record the name of the State or local authorities, on the basis of one of the following documents: 38.1. the State archives for the buildings (constructions) belonging to the State or the municipality, eliminate public or local authority, a company or a company with national or municipal capital of 21 July 1940;
38.2. the Act on the building (construction) acceptance into service;
38.3. the transaction for the acquisition of buildings (structures);
23.9. the judgment of the Court or the decision, with the exception of the judgments referred to in the law "on property return the rightful owners" in article 7 and 8;
38.5. the administrative arrangements adopted for the building (structure) the transfer of the property of the State or local government;
sworn auditor certified 24.0. Governments, national institutions or national company statement that the House is a municipal or public body or company assets on the balance sheet;
36.6. other documents that attest to the building (structure).
39. the national land register of the name of a writable buildings (constructions), of 21 July 1940 was started by the USSR under the companies, institutions and organisations, including the Soviet public organizations of Latvia Department, USSR Ministry of defence, Ministry of Internal Affairs and its internal troops and border troops, except when these buildings (constructions) forfeited in accordance with the procedure prescribed by law.
40. On the municipal land register of the name of the building to burn by the municipality is transferred into 1991.
41. Building (structures), which are used as educational, health and cultural objects, which are financed from the municipal budget, the land registry to record the name of the municipality on the basis of sworn auditors certify that this certificate of municipal buildings (structures) maintenance is funded from the municipal budget.
42. The building (construction), which uses the local communal farm, domestic service or trading companies, in the land of the record based on the sworn auditor certificate certified that the building (construction) is this company asset.
43. the national building (building), located on the ground that under the law "on State and municipal land property rights and the reinforcement of land" agree or owned by the State, the word entered pursuant to article 8 of the law.
44. A residential home in the land of the recordable on behalf of a State or local government based on the sworn auditor, certified local governments, public authorities or public undertakings, the certificate authorities or a public body or public enterprise balance sheet assets.
45. If the land during the land reform on State or local name is registered in the State or local government owned residential house, built on natural or legal persons (except for State and local government) owned the land, does not require the consent of the landowner. Submit a request for the shore buildings in the land, plug-in recording limit plan with cadastral number, and legal institutions of the decision on the parcel area and boundary plan approval.

46. Building (building) by the State free of charge during the land reform passed and the municipal building (construction), which is the municipality land reform passed during a State or local government, can be recorded in the land register if this building (construction) before their transfer have not been recorded in the land register. Čpašum rights strengthened on the basis of the City Council, the county or District Council decision or an order of the Cabinet of Ministers.
 
Vi. Apartment property in the land register 47. recording multi-family residential home privatized apartments can be recorded in the land register only if under these provisions in the land is a living House.
48. State and local apartment in apartment house on privatized property in the land registry to acquiring recordable in the name of the law "on housing estate" established on the basis of the purchase agreement.
49. in paragraph 48 of these provisions in that order, on the basis of the documents submitted by the Housing Commission land privatisation, on behalf of the acquirer recordable apartment that privatised according to the law "on agricultural companies and the fishermen of the privatisation of the labourer" (the Republic of Latvia Supreme Council and Government Informant, 1991, 1992, 31;/32.nr.; 1993, 39/40./41.nr. 5./6.nr.; Latvian journal, 1995, nr. 90.) or the law "on the privatization of the housing cooperative" (Republic of Latvia Supreme Council and Government Informant, 1991, 51 no; Latvian journal, 1995, no. 135).
50. the cooperative agricultural company or labourer in the privatised apartments of fishermen for transforming apartment property in residential house in the land can be recorded as a co-ownership based on State land service or former technical inventory certificate or the service agreement for the separation of housing shares, indicating which of the flats are the supplicants in the shore property.
51. If the apartment was obtained as a result of the transaction or inheritance after 5 April 1993, it will burn in the land and property rights strengthened in the order laid down in this provision 23. — 25.33 and 34 or point.
52. Čpašum rights to apartments, obtained from natural and legal persons in a residential house, a strengthening of the law "on housing property" If the House is recorded in the land and is connected to the shore to request the State land service proof of homeownership Division of apartment properties.
 
VII. In several distinct properties divided into real estate in the land recording 53. Real Estate, including buildings, into real co-owners of which parts, if necessary, imposing aprobežojum or determining the easement, the land can be recorded in separate compartments as a standalone property object in the following cases: 53.1. each owner is a separate piece of land on which their buildings or part of buildings and land cadastre number assigned;
53.2. each separate real estate property to the municipality adopted the address;
53.3. every part of a House and outbuildings as independent property furnished counting thing.
54. Čpašum rights that rule 53. in the case referred to in paragraph strengthened on the basis of the agreement on the joint co-owners. Request to be added to the shore of the document certifying the property (land, buildings), and the municipal decision on real estate.
 
VIII. Closing questions 55. Regulations shall enter into force by 1 May 1996.
Prime Minister a. slice of the Minister of Justice Or a Rasnač.

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