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Cadaaster Decision

Original Language Title: Kadasterbesluit

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Decision of 6 November 1991, laying down the Decree on the Republic of the Republic of Germany

We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.

On the proposal of the Secretary of State for Housing, Regional Planning and the Environment of 24 January 1991, No MJZ24191041, Central Executive Board of Legal Affairs, Department of Legislation, acting on behalf of our Minister of Justice;

Having regard to the Articles 2 , 45 , 56 , 57, third member , 59, second paragraph , 64, 1st Member , 65, 1st Member , 67, first paragraph , 70, 1st Member , 73, first, second and fourth members , 74, 1st Member , 75, 1st Member , 87, fourth member , 89, second member , 91 , 94, fourth member , 96, second paragraph , 98 , 102, third member , and 105, first and second members, of the Kadasterwet law ( Stb. 1991, 570);

The Council of State heard, opinion of 13 August 1991, no. W08.91.0049;

Having regard to the further report of the Secretary of State for Housing, Regional Planning and the Environment of 29 October 1991, No MJZ 29o91014, Central Executive Board of Legal Affairs, Department of Legislation, released on behalf of Our Minister of Justice;

Have found good and understand:

Chapter 1. General provisions

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Article 1

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For the purposes of this Decision and the provisions based thereon, the following definitions shall apply:

  • a. the law: the Cadastral Act ;

  • b. Study identification number: study identification number as referred to in Article 11c, first paragraph, of the Act ;

  • c. network: net, consisting of one or more cables or piping, intended for the transport of solid, liquid or gaseous substances, of energy or of information, which is in, on or above the ground, or is constructed;

  • d. provisional frontier: border declared by or on behalf of the parties to the cadastral card and remains to be fixed as a cadastral limit;

  • e. administrative boundary: boundary declared automatically by the Service on the cadastral card and still to be fixed as a cadastral limit.


Article 2

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  • 1 Immovable property shall be indicated by reference to, successively, the cadastral municipality and section, in which the parcels and parts of parcels of which the territory belongs to that case, and the numbers of those lots shall be indicated. parcels. Our Minister may lay down rules on how parts of parcels, in addition to the cadastral indication, are further marked in the document to be published. In the case of an immovable property situated on, in or above the ground of another person under an entitlement to the right to stand, the same cadastral designation is as of the immovable property which is encumbered with that right of withdrawal. The second sentence shall apply mutatis mutandis to an immovable property situated on, in or above the land of another person under a right referred to in the provisions of the law applicable before 1 January 1992. Article 5, third paragraph, point B , last phrase, from the Private Law impedimenting law and referred to there as a right not mentioned specifically in the Civil Code.

  • 2 Apartments rights are represented by the entry of consecutively the cadastral municipality and section, in which the plots involved in the division are situated, the complexindication and the apartment index.

  • 3 The complexindication referred to in paragraph 2 shall consist of the complex-number established for the plots concerned, followed by the capital letter A. The apartment index referred to in paragraph 2 shall be the number mentioned in the second paragraph. Article 109, 2nd paragraph, of Book 5 of the Civil Code the drawing has been made as an attribute of the parts which are or are intended for use as a separate whole and which are only used in the right of flats. Our Minister will arrange for the establishment of the complex number.

  • 4 The second paragraph shall apply mutatis mutandis in cases where the parcels in the area of the apartment are situated in different civil communes; whereas, in that case, the depositary shall determine which of the units in the area of the division of the property in the area of the division of the apartment. The names of the cadastral municipalities concerned shall be indicated in the cadastral designation of the apartment rights in which those plots are split.

  • 5 By way of derogation from the first paragraph, networks shall be indicated by an indication of the name of the municipality in which the office of the Service is located within whose circle the network is located, as well as a capital letter and the number of the the relevant network. Our Minister shall lay down rules on the definition of the number of the network concerned.

  • 6 If a network is located within the circle of more than one office of the Service, the network shall be designated as a cadastral in respect of each of those offices.

Chapter 2. Public registers for registry goods

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Article 2a

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Documents for registration of facts relating to immovable property or to rights subject to those cases shall be offered, in so far as in paper form, in a place as referred to in Article 3 (1) of the Treaty. Article 4 (b) of the Act and, as far as in electronic form, to an electronic postal address as intended for Article 10 of the Act .


Article 3

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  • 1 For the purpose of registering a transfer of a register to be made by or under a law, by way of derogation from the provisions of Article 45, second paragraph, of the Act , and in so far as is not otherwise provided by or under the relevant law, offered an option which is without prejudice to the provisions of the Chapter 2, Title 2, of the Act , it includes:

    • a. The designation of the legal provision on which the transfer of the registry is based;

    • b. the time at which the registry will be well overrun;

    • c. The indication of rightholders both before and after the time when the registry is in the process of being transferred.

  • 2 The option referred to in paragraph 1 shall be made by the most restated rightholder, except where otherwise provided by law.

  • 3 The first and second paragraphs shall apply mutatis mutandis to the registration of a transfer of a registry property resulting from an international convention, or an international agreement which, in connection with the change of the land borders, change in ownership situations.

Chapter 3. Updating of the basic register register

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Title 1. General provisions on adverse reactions

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Article 4

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  • 1 Terarose after a tender was made in the public registers, the data mentioned in the basic registration register shall be recorded in accordance with the registration, in accordance with the rules of the Office's administration. A note shall be made to ensure that a document is registered.

  • 3 After the update has been completed, or an endorsement referred to in paragraph 2 is placed, the endorsement referred to in paragraph 1 shall be deleted.


Article 5

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  • (1) If an update leads to the modification or completion of the data listed in the basic registration register relating to owners or limited beneficiaries, the cadastral indication, the size or any Article 48, second paragraph, point (c) of the Act It shall be accompanied by a reference to the document under which the update has taken place, as amended or completed, in accordance with the rules to be adopted by the Board of the Office.

  • 2 In the case of rules governing the administration of the Service, provision may be made for a reference referred to in paragraph 1 to be made when modifying or supplementing the information other than those referred to in the first paragraph.


Article 6

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  • 1 Where an entry in the public registers covers an entire plot or a right of flats or on a parcel with a provisional frontier or an administrative border or part of a parcel, other than in the second paragraph is intended, will be the Article 48, second paragraph, of the Act Data referred to in respect of Article 4 er, updated by modification or completion of such data, in accordance with rules to be made by the Administration of the Service.

  • 2 If an entry in the public registers involves the transition from a plot with a provisional limit or a portion of a plot or relates to such a settlement, transition, modification or distance of a limited right, that this to the right to a plot of land with a provisional limit or part of a plot to rest, the fact to which the tender relates shall be in the basic registration register, taking into account Article 4 provided that, unless one of the cases referred to in the third paragraph occurs as a by-pass without a measurement, it should be lodged in accordance with the rules to be determined by the Board of the Service.

  • 3 The cases referred to in paragraph 2, where the adjustment is made without a measurement being carried out, shall be:

    • a. the cases in which the invitation to tender is concerned

      • 1 °. a right of mortgage,

      • 2 °. a hereditary service,

      • 3 °. a usufruct that relates to a part of a building,

      • 4 °. a right of stabbation solely relating to the laying and holding of pipes in, on or above the immovable property of another, or

      • 5 °. a duty referred to in the preceding paragraph in force before 1 January 1992. Article 5 (b), third paragraph, point (b) of the last sentence of the Impeded Private Law Act and referred to as a right not mentioned in particular in the Civil Code, and

    • Special cases where the relevant parcel with a provisional limit or parcel portion is not susceptible to measurement for the purpose of the depositary.


Article 7

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The Article 6, second paragraph , as provided in the basic registration register, is replaced by the data obtained by the measurement as soon as the relationship of the findings as referred to in the register is Article 57, fourth paragraph, of the Act is ready, in accordance with the rules to be determined by the Administration of the Service.


Article 8

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The master registration register part-file, which is the in Article 48, second paragraph, parts a, g and k, of the law shall contain information and references, amended and supplemented in accordance with the requirements of the Article 6 is determined.


Article 9

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The stock-register, which is part of the basic registration register, contains all the parcels and apartment rights with their cadastral designation and contains the references as referred to in the Annex. Article 48, second paragraph, part h, of the Act , shall be amended and supplemented in accordance with the requirements of the Articles 4 to 7 is determined.


Title 2. Special provisions relating to aptitude

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Article 10

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  • 1 Where an entry in the public registers relates to a plot, a parcel with a provisional frontier or an administrative frontier or a part of a plot, or on an apartment, on which the basic registration is based on the following: Cadaaster is a public property or use restriction, or a debt obligation with business operation, the entry of that restriction or debt obligation in the basic registration register shall be maintained in accordance with the provisions of the arrange for the administration of the Service to be defined for that purpose.

  • 2 In the event that an on-site investigation is necessary to determine the newly formed parcel of the restriction or debt obligation, the outcome of the investigation shall be indicated on the relationship of findings, as referred to in Article 2 (2). Article 57, fourth paragraph, of the Act .

  • 3 As long as the results of the study referred to in paragraph 2 have not been processed in the basic registration register, the restriction or restriction shall be notified to the transferred parcel with a provisional limit or an administrative boundary. Debt-related.

  • 4 On the occasion of completion of the by-product, the indication referred to in paragraph 3 shall be brought in accordance with the results referred to in that paragraph.


Article 11

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  • 1 Where an entry in the public records relates to the transfer of part of a parcel or plot with a provisional frontier or to such establishment, transition, modification or distance of a limited right, that this is on a the part of a parcel or parcel of provisional frontier land, that part or parcel with a provisional frontier and the remaining part or remaining parcel with a provisional frontier shall be considered as a whole. Formed, except in the cases provided for in Article 6, third paragraph .

  • 2 No grouping shall be made of parcels or parcels with provisional or administrative limits, the legal status of which is different from the data set out in the basic registration register, provided that the conditions laid down in the basic registration register are different; differences relating to circumstances as referred to in the Article 6, third paragraph , do not stand in the way of a merge.

  • 3 The administration of the Service may lay down detailed rules on the way parcels are formed and on which the size of the lots is calculated.


Article 12

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  • 1 Where the Office conforms to the Office that the cadastral designation of an immovable property in a document entered in the public registers does not correspond to its actual description, the completion of the aptitude test shall be In particular, the Commission has decided to suspend the investigation of that immovable property and, if necessary, shall be subject to an investigation. In this case, the registration of the document shall be drawn up in accordance with the rules to be adopted by the Board of the Office.

  • 3 If not inaccuracy or incompleteness, the aptitude shall be completed with skillable urgency.


Article 13

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  • 1 In the event that a document of delivery is entered in the public registers for the execution of a settlement agreement relating to a legal boundary, completion of the aptitude of the basic registration cadet shall be suspended and shall be an investigation has been initiated on the spot. In this case, the registration of the document shall be drawn up in accordance with the rules to be adopted by the Board of the Office.

  • 3 After the examination referred to in the first paragraph, the aptitude test shall be pursued with competent urgency.


Article 14

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  • 1 If one or more interested parties do not provide the necessary information or other conflicting information as provided for in the course of action, Article 57, third paragraph, of the Act , no prosecution shall be prosecuted, subject to the provisions of the third paragraph.

  • 3 The adjustment shall nevertheless be pursued if the description of the location of the new boundaries in the registered document, in the judgment of the official in charge of the measurement, leaves no doubt and is not contrary to the opinion of the person responsible for the assessment of the position of the person responsible for measuring the situation. observed paling.

  • 4 The conditions referred to in paragraphs 1 and 3 shall be mentioned in the story of the findings.


Article 15

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  • 1 If it is found that the cadastral indication of the immovable property mentioned in a registered document is incorrect or incomplete, it is determined by or pursuant to Article 4 applying to the parcels in the document, as well as to the parcels which are to be indicated in the document to the conjectation, at least in the case of the depositary.

  • 2 Where the cadastral indication is given in incomplete or only partially incorrect, an adjustment shall be made in respect of the parcels specified in the document in the document.

  • 3 In so far as the cadastral description of the immovable property in the document is not or not correctly stated, the basic registration register shall be notified to the relevant rightholders and the parcels referred to in the first paragraph of the the identification number. Reference is also made to the copy of the Article 59, third paragraph, of the Act The publication of the decision.

  • 5 After an invitation to tender as referred to in paragraph 4, the notification referred to in paragraph 3 shall be replaced by the result of the adjustment.

  • 6 The first to fifth paragraphs shall apply mutatis mutandis in cases where the cadastral indication of an apartment in a registered document appears to be incorrect or incomplete.


Article 16

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  • 3 After an entry of a piece to improve or a procedural verbal, the notification shall be made: Article 15, third paragraph , replaced by the result of the aptitude test. The basic registration register shall also refer to the information of the relevant rightholders and the parcels to the copy of the publication of the decision referred to in Article 2 (1). Article 59, third paragraph, of the Act .

  • 4 If the first to third paragraphs apply, the presence of the cadastral card shall be carried out in accordance with the rules to be determined by the Board of the Office.

  • 5 The conditions referred to in the first to third paragraph shall be mentioned in the story of the findings.


Article 17 [ Verfall by 01-01-2008]

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Article 18 [ Expaed by 01-01-2008]

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Article 19

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  • 2 The adjustment shall nevertheless take place if the location of the new boundaries and the legal status of civil law, in the opinion of the official in charge of measurement, leave no doubt.

  • 3 The conditions referred to in paragraphs 1 and 2 shall be mentioned in the story of the findings.


Title 3. Splitting and amalgamation of lots

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Article 20

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In the following cases, the Office may decide to split up lots as referred to in Article 73, first paragraph, of the Act :

  • a. If the shape or size of a plot is in place for the purposes of an efficient parcel classification;

  • b. if parts of a plot have different uses, if the condition of use of parts of the plot is different, or, if it is a parcel with a public destination, if parts of it have different uses; have local names;

  • c. if part of a parcel is in charge of a public-law ownership or use restriction, or parts of a property are taxed under different public-law ownership or use restrictions;

  • d. if there is a conditional or suspension condition in respect of a parcel, or a negotiated reverse law;

  • e. where a part of a lot is involved in an intended procedure for the sale of the property.


Article 21

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  • 1 The Office may decide to merge lots as referred to in Article 4. Article 73, first paragraph, of the Act where, according to the information contained in the basic registration register, these parcels have a similar legal status to civil law.

  • 2 The application of the first paragraph shall not be subject to the application of the person's service to the hereditary service.

  • 3 Aggregation of lots shall not lead to the unshakation of a split of lots upon request, unless the reasons for such splitting are no longer valid.


Article 22

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  • 1 The person who is listed as owner or restricted in relation to immovable property in the basic registration register may, in the following cases, make a request for division of parcels as intended. Article 73, second paragraph, of the Act :

    • a. if the formation of individual parcels in an item to tender is intended to indicate the immovable property in question as a whole, provided that this document relates to the transfer of an immovable property or to the transfer, establishment, modification or waiver of a limited right regarding immovable property;

    • b. if there is a case referred to in Article 20, part b or e .

  • 2 The rightholder referred to in paragraph 1 may make a request for aggregation of lots if these parcels are situated within a single cadastral section, and they have the same legal status under civil law and shall be regarded as a single whole. managed and used. In the assessment of the existence of a state of law, there is no need to take account of the existence of heirloom services.

  • 3 The requested split or combination must not conflict with the at or under the Articles 11 to 13 Plot rules and must not lead to unshapation of an under- Article 20 or a splitting operation carried out on request, unless the reasons for doing so do not exceed the grounds for that purpose.


Title 4. Renewal

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Article 23

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  • 1 The Office is empowered to conduct an investigation of renewal as intended Article 74, first paragraph, of the Act , to be set up:

    • a. in the case of immovable property situated in a given area, the land register, cadastral card, and the documents relating to the legal status, size and size of the land register as set out in the basic registration register; de facto condition in the opinion of the Service is not sufficiently correct and complete;

    • b. if the circumstances referred to in point (a) refer to one or more immovable property;

    • (c) if the Office so requests, on the basis of the ground to be assumed by the applicant that, in relation to one or more immovable property, the register in the basic registration register, on the cadastral card and the documents on which it is based. The correct and complete data on the legal status, the size and actual condition are not sufficient.

  • 2 If the examination of renewal concerns the cases referred to in point (b) or (c) of the first paragraph, the Article 75, first paragraph, of the Act such publication shall not be made by way of such publication.


Article 24

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  • 2 The identification number of the registered instrument of renewal shall be notified of the revamped parcel.

Chapter 4. Arrangements for the aptitude of registration for ships

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Article 25

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  • 1 Before registration is made in the public registers, the information entered in the registration for ships shall be subject to registration by the Board of the Office, in accordance with the information required by the Board of the Office. A note shall be made to ensure that a document is registered. This note shall be omitted if the adjustment is made immediately before the adjustment is made.

  • 2 After the adjustment has been completed, the endorsement referred to in paragraph 1 shall be deleted.

  • 3 The Article 85, second paragraph, of the Act The information referred to shall be updated forthwith, subject to the provisions of the first and second paragraphs, by the amendment or addition of such data, in accordance with rules to be made by the Board of the Office. In the case of the amended or completed data, it shall be accompanied, in accordance with the rules laid down by the Administration of the Office, to the document under which the aptitude has been taken.


Article 26

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The name of the registration for ships, which is part of the registration file, which is the entry into Article 85, second paragraph, points (b) and (l) of the Act shall contain information and references, amended and supplemented in accordance with the requirements of the Article 25 is determined.


Article 27

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The stock-making stock of ships, in which all the ships which are to be book with their fire mark, are intended to be used in the event of a registration of ships Article 21, first paragraph, point (c) of the Act , are included and that contains the references, Article 85, second paragraph, point (h) of the Act , shall be amended and supplemented in accordance with the conditions laid down in Article 25 is determined.


Article 28

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  • (1) If, after registration of a document, it appears that one or more of the particulars listed in that document are as intended: Article 21, first paragraph, of the Act , are incompatible with the data contained in the registration of ships in respect of the ship to which the registered document relates is to be found at or pursuant to Article 25, first paragraph Where, in respect of the vessels mentioned in the document, such book has been established or been made available, and in respect of the ships which should be indicated in the document, at least in the case of ships which have been conjected to the conjectation, the the depositary is known.

  • 4 After an invitation to tender as referred to in paragraph 3, the notification referred to in paragraph 2 shall be replaced by the result of the adjustment.


Article 29 [ Verfall by 01-01-2008]

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Chapter 5. Arrangements for the attachment of aircraft registration

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Article 30

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  • 1 Before being registered in the public registers, the standing data mentioned in the registration for aircraft shall be governed by the registration, in accordance with the management of the Office. A note shall be fixed to the effect that a document has been registered. This note shall be omitted if the adjustment is made immediately before the adjustment is made.

  • 2 After the adjustment has been completed, the endorsement referred to in paragraph 1 shall be deleted.

  • 3 The Article 92, second paragraph, of the Act The information referred to shall be updated forthwith, subject to the provisions of the first and second paragraphs, by the amendment or addition of such data, in accordance with rules to be made by the Board of the Office. In the case of the amended or completed data, it shall be accompanied, in accordance with the rules laid down by the Administration of the Office, to the document under which the aptitude has been taken.


Article 31

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The registration for aircraft, which is part of the registration for aircraft, which is part of the Article 92, second paragraph, parts a, b and l, of the law shall contain information and references, amended and supplemented in accordance with the requirements of the Article 30 is determined.


Article 32

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The issuing file of the registration of aircraft, including all the aircraft which are to be book with their booking number, intended for use in the vehicle. Article 22, first paragraph, point (d) of the Act , are included and that contains the references, Article 92, second paragraph, point (h) of the Act , shall be amended and supplemented in accordance with the conditions laid down in Article 30 is determined.


Article 33

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  • (1) If, after registration of a document, it appears that one or more of the particulars listed in that document are as intended: Article 22, first paragraph, of the Act , are incompatible with the data specified in the registration of aircraft in respect of the aircraft covered by the registered document, is to be found at or under Article 30, first paragraph , if applicable to the aircraft mentioned in the document, have been shown or been presented in the book, and the aircraft which should be indicated in the document to the conjectator, if it is known to the depositary at least.

  • 4 After an invitation to tender as referred to in paragraph 3, the notification referred to in paragraph 2 shall be replaced by the result of the adjustment.


Article 34 [ Verfalls per 01-01-2008]

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Chapter 6. Provision of information

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Article 35

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  • 1 After making a request to that effect in paper form, information must be supplied from the cadastral card and the documents on which it is based, and Article 100, second paragraph, of the Act , where the applicant has a reasonable interest in doing so, shall be carried out.

  • 2 The applicant shall give a description of the interest which he has in the information requested in his request.


Article 36

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  • 1 A permanent connection to the basic registration register, as intended in Article 105, first paragraph, of the Act , can be obtained under the following conditions:

    • a. by the connection, only the current data from the basic registration register shall be made available;

    • b. The connection shall cover the whole circle of one or more offices of the Service;

    • c. If required, the connection may be limited to the control of the Management of the Service from the Data from the Cadastral Base Registration;

    • d. The consultation may take place only during times to be determined by the Management Board of the Service and the equipment to which the connection is established shall comply with the rules of the Board of the Service. requirements;

    • e. the data from the basic register register shall be made available only for consultation by the relevant monitor, a copy of which may be manufactured in a system of the management of the register, if required. Service to be determined;

    • f. the available data from the basic registration register may not be provided to third parties, subject to the provisions of Article 37 .

  • 2 If a holder of a connection as referred to in paragraph 1 acts in violation of the provisions of paragraph 1, f. That condition or the condition referred to in paragraph 1 (1), Ed , does not respect the rules referred to above, the Administration of the Service may terminate the connection.

  • 3 As regards the manner in which the permanent affiliation referred to in paragraph 1 can be obtained, the Board of the Service shall lay down rules.


Article 37

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  • 1 The granting to a municipality which has a permanent connection to the basic register register, as referred to in Article 105, first paragraph, of the Act , of the jurisdiction, intended to be used in the Article 105, second paragraph, of the Act , take place under the following conditions:

    • a. to the information to be provided to third parties from the basic register register may not be added any other information;

    • b. the data to be consulted by third parties from the basic register register must correspond to the data made available by the Service;

    • c. The data from the basic registration register shall be provided to third parties only for consultation by means of the display in question, a copy of which may be requested as required;

    • (d) the Municipality shall make known to those third parties, in the provision of information to third parties, the circles of the Office of the Service, as well as the types of information which may be consulted if not all types of information information can be accessed.

  • 2 The administration of the Service may revoke the grant of the power referred to in paragraph 1 where the municipality is acting in violation of one of the conditions laid down in paragraph 1. Power is withdrawn if the permanent affiliation is to be added to: Article 36, second paragraph , terminated.

  • 3 Withdrawal of the powers provided for in paragraph 1 may also take place at the request of the municipality.

Chapter 7. Final provisions

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Article 38

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The Board of the Service shall lay down detailed rules on the detailed arrangements for updating the registration of the basic register, as well as on the arrangements for the updating of registration for ships and for the registration of aircraft.


Article 38a

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In connection with the fulfilment of international obligations binding for the Netherlands, detailed rules on the way to update the registration register may be laid down by our Minister, as well as the rules governing the application of the registration of the basic registration register. For the maintenance of registration for ships and for the registration of aircraft. If necessary, the Board of the Office shall, taking into account those requirements, amend the system under the Chapter 3 , 4 and 5 and Article 38 Detailed rules relating to the method of updating and updating of the kind referred to in the first sentence.


Article 39

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The Article 4, first paragraph , 5, 1st Member , 8 , 25 , 26 , 30 and 31 find first application with regard to mortgage holders, to the extent to which our Minister has made a decision as intended in the articles XIX, first paragraph , XXI, 1st Member , and XXII, 1st Member, of the Law on the Law of Kadasterwet .


Article 40 [ Exp., 24-11-2006]

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Article 41

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  • 1 This Decision shall enter into force on 1 January 1992.

  • 2 This decision may be cited as: 'Kadasterdecree'.

Burden and order that this Decision, together with a note of explanatory note to the State Sheet will be placed and copies will be sent to the Council of State and to the Court of Auditors.

' s-Gravenhage, 6 November 1991

Beatrix

The Secretary of State for Housing, Spatial Planning and the Environment,

E. Heerma

The Minister of Justice,

E. M. H. Hirsch Ballin

Published the twenty-sixth of November 1991

The Minister of Justice,

E. M. H. Hirsch Ballin