History: Land Register introduced by Napoleon in 1811


Administrative law governs surveying by Cadastre


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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


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