History: Land Register introduced by Napoleon in 1811

Administrative law governs surveying by Cadastre.

 

System Land Register: causal deeds system

Theory : Deeds system.

Scrutinize complete chain of deeds of transfer during prescription period (20 years).

Dutch practice: only last deed scrutinized.

Notary public:

• asks seller to present deed of transfer by which he acquired the property;
• verifies in Cadastre whether this was last recorded deed;
• scrutinizes deed on competence seller, servitudes and other obligations;
• relies on insurance for damage caused by errors.

Theory causal system:

void sequel contract > no acquisition of title.

Dutch civil code: after resale buyers in good faith may rely on last deed in Land Register.

Proposals: extend protection buyers in good faith to Cadastre.

Should be second step.

First step: adding descriptions of servitudes to Cadastre.

Boundaries