Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
30 March 1993 [shall come
into force on 5 April 1993];
30 January 1997 [shall come into force on 6 March
1997];
22 October 1998 [shall come into force on 18 November
1998];
11 November 1999 [shall come into force on 1 January
2000];
27 March 2003 [shall come into force on 29 April
2003];
22 April 2004 [shall come into force on 8 May
2004];
2 February 2006 [shall come into force on 1 July
2006];
15 June 2006 [shall come into force on 11 July
2006];
26 March 2009 [shall come into force on 29 April
2009];
16 December 2010 [shall come into force on 1 January
2011];
26 May 2011 [shall come into force on 29 June
2011];
12 September 2013 [shall come into force on 1 January
2014];
30 October 2014 [shall come into force on 29 November
2014];
30 October 2014 [shall come into force on 1 November
2014];
30 October 2014 [shall come into force on 1 January
2015];
4 February 2016 [shall come into force on 29 February
2016];
10 November 2016 [shall come into force on 1 January
2017];
11 October 2018 [shall come into force on 1 December
2019];
1 November 2018 [shall come into force on 1 June
2019];
13 June 2019 [shall come into force on 12 July
2019];
10 June 2021 [shall come into force on 1 July
2021];
15 June 2021 [shall come into force on 12 July
2021];
16 November 2021 [shall come into force on 1 January
2022].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
|
Supreme Council of the Republic of Latvia
Land Register
Law
Chapter
One
General Provisions
1. Immovable properties shall be entered in Land
Registers and the rights related thereto shall be corroborated
therein. Land Registers shall be available to everyone and the
entries thereof shall be publicly reliable. Entering of immovable
properties and corroboration of property rights are
mandatory.
[30 October 2014]
2. Examination of the Land Register matters shall be
under the jurisdiction of district (city) courts.
[1 November 2018]
3. Each immovable property shall be entered in the Land
Register in the district (city) court in the territory of
operation of which it is located.
The immovable property located in the administrative territory
of Riga City shall be entered in the Land Register of the Vidzeme
Suburb Court of Riga City.
[1 November 2018]
4. Rights to immovable properties shall be corroborated
in Land Registers, understanding rights also as the securities
and restrictions of rights if the contrary does not arise from
the content and direct meaning of the law.
5. Property rights which exist on the basis of the law
(Section 1477 of the Civil Law) may also be corroborated in Land
Registers according to the wishes of the persons holding such
rights.
6. Unless this Law prescribes otherwise, corroboration
shall be under the jurisdiction of the district (city) court in
the Land Registers of which the immovable property to which the
corroboration applies has been entered.
[1 November 2018; 13 June 2019 / Amendment regarding
the supplementation of this Section with words "Unless this Law
prescribes otherwise" shall come into force on 1 December
2019. See Paragraph 21 of Transitional Provisions]
7. Rights shall be corroborated on the basis of a
decision of a judge, entering the rights to be corroborated in a
Land Register.
[30 January 1997; 1 November 2018]
8. When corroborating rights, the provisions of this
Law shall be complied with insofar as exceptions from general
procedures are not provided for in special laws.
Chapter
Two
Registers and Property
9. In order to act in the examination of the Land
Register matters, a district (city) court needs the
following:
1) Land Registers;
2) corroboration journals;
3) immovable property folders.
[1 November 2018]
Sub-chapter
One
Land Registers
10. Land Registers shall be established separately for
each administrative territory of the territory of operation of
the district (city) court, but, if the administrative territory
includes the territorial division units of a municipality, the
Land Registers shall be established for each territorial division
unit.
[26 March 2009; 30 October 2014; 1 November 2018]
11. Land Registers shall consist of divisions
(folios).
The divisions of Land Registers shall be fastened together in
a volume.
[30 March 1993; 30 January 1997]
12. Each division of a Land Register shall be given a
special number which shall be called the Land Register number,
and which the division shall also retain if some previously
opened division is closed. A newly opened division shall not be
given the number of a closed division.
13. The name and location of an immovable property
shall be recorded at the beginning of the division after the Land
Register number.
The cadastre number of immovable property and designation of
the cadastre of immovable property object assigned by the State
Land Service shall be indicated in the division.
[30 March 1993; 2 February 2006]
14. A division shall consist of four parts in which
information regarding the following shall be entered:
1) an immovable property;
2) the owner of an immovable property;
3) the encumbrances of an immovable property;
4) the debts of an immovable property.
Each part shall be written on a separate page.
[30 March 1993]
15. Part one of a division shall be divided into two
sections in which the following shall be indicated:
1) in section one:
a) an immovable property;
b) the servitude and real charge established for the benefit
of an immovable property;
c) the plots of land attached to an immovable property;
d) the area of an immovable property and of the land attached
thereto;
2) in section two:
a) the plots of land separated from an immovable property and
the size thereof;
b) the changes and extinguishing of the servitude and real
charge entered in section one.
[30 March 1993]
16. Part two of a division shall be divided into two
sections in which the following shall be indicated:
1) in section one:
a) the owner of an immovable property, indicating the given
name, surname and personal identity number for a natural person,
but if such person is married, then, taking into account spousal
property relations, it shall be added that the immovable property
is a separate property of the spouse or that it is included in
the joint ownership of spouses or that the spouses have separate
ownership of all the property (Sections 91, 111, 117, 125 and 127
of the Civil Law), but for a legal person - the full name and
taxpayer number, as well as numerically indicating the amount of
the share of the owner;
b) the grounds of a property right;
c) the sum for which an immovable property has been acquired
if such sum is indicated in the document regarding the transition
of property rights;
2) in section two:
a) the notations referred to in Section 45, Clauses 1, 2 and 3
and the notations referred to in Clause 4 of the same Section if
they ensure the requirements regarding property rights or the
corroboration of such rights;
b) prohibitions specified in the legal transaction to alienate
property and to encumber it with property rights;
c) appointment of a secondary heir (Section 488 of the Civil
Law);
d) inheritance contracts (Section 643 of the Civil Law);
and
e) changes to the entries referred to in letters a-d, as well
as the extinguishing of such entries and the changes thereto.
[30 March 1993; 30 January 1997; 27 March 2003]
17. Part three of a division shall be divided into two
sections in which the following shall be indicated:
1) in section one:
a) the property rights encumbering an immovable property,
except for those which shall be indicated in part two and part
four;
b) the notations referred to in Clause 4 of Section 45, if
they ensure the establishment of the property rights provided for
in Sub-clause a), and also notations on the encumbrances of the
immovable property - servitude of right of use of buildings and
water and servitude of right of way;
2) in section two:
changes to the entries in section one, as well as the
extinguishing of such entries and the changes thereto.
[30 March 1993; 11 October 2018]
18. Part four of a division shall be divided into five
sections in which the following shall be indicated:
1) in section one:
a) the pledge rights established for an immovable
property;
b) the notations referred to in Section 45, Clause 5;
c) the notations referred to in Section 45, Clause 4, if they
ensure the establishment of the pledge rights referred to in
letter a;
2) in section two - the sum to which the rights corroborated
in section one amount;
3) in section three - all changes (except for those provided
for in Clause 4) to the entries of section one and also the
extinguishing of such changes;
4) in section four - the extinguishing of the entries of
section one in whole or in part;
5) in section five - the sum of the entries extinguished in
section one.
[30 March 1993]
19. Each Land Register of rural immovable properties
shall have two alphabetical indices: the first one - according to
the surnames of owners, and the second one - according to the
names of properties. Land Registers of urban immovable properties
shall have one alphabetical index according to the surnames of
owners.
20. When noting an owner in an alphabetical index, the
provisions of Section 52 must be complied with.
21. Alphabetical indices shall be arranged in a
card-index manner.
[30 January 1997]
Sub-chapter
Two
Corroboration Journal
22. Requests for corroboration shall be registered in a
corroboration journal.
[30 January 1997]
23. A page of a corroboration journal shall be divided
into six columns in which the following shall be entered:
1) the sequence number;
2) the time of receipt of a request for corroboration (Section
69);
3) who requests a corroboration, the concise content of the
request, indicating the rights for which corroboration is being
requested or the entry for which extinguishing or amendment is
being requested and the Land Register number of the immovable
property (Section 12);
4) the documents attached to a request and the sum of the fees
paid;
5) the date of a decision of a judge and an indication whether
a request has been discharged in whole or in part or left without
being examined or regarded (Clauses 76 and 82);
6) the notations regarding a decision taken and the sending of
a notification to the submitter of a request for corroboration
(Section 125).
[30 January 1997; 27 March 2003; 1 November 2018]
24.
[27 March 2003]
25.
[27 March 2003]
Sub-chapter
Three
Immovable Property Folders
26. A special immovable property folder shall be
provided for each immovable property entered in a division of a
Land Register.
All documents and papers related to an immovable property
entered in a division of a Land Register shall be collected in an
immovable property folder.
27. An immovable property folder shall have the same
number as the relevant division of a Land Register.
28. A list shall be drawn up for each folder in which
all the documents and papers attached to the folder shall be
recorded.
Chapter
Three
Procedures for Keeping Land Registers
Sub-Chapter
One
General Provisions
29. A separate division for each independent immovable
property shall be opened in a Land Register.
30. An immovable property located in several
administrative territories or in the territorial division units
of the county shall be entered in the Land Register of such
administrative territory or territorial division unit of the
county, in which the main buildings of the property are located,
but in other cases - in the Land Register of such administrative
territory or territorial division unit of the county, in which
the largest part of the plot of land is located, simultaneously
noting within the borders of which administrative territories or
the territorial division units of the county the property is
located.
[26 March 2009 / The new wording of Section shall come into
force on 1 January 2009. See Transitional Provisions]
31. All the rights and the securities and restrictions
of rights to be corroborated for an immovable property, as well
as the changes and extinguishing of such rights, securities and
restrictions shall be entered in a division.
32. If there is no more free space for a new entry in a
certain part of a division, a new page of the relevant part of
the division of a Land Register shall be added to the division
and a notation shall be made on the previous page.
[30 March 1993]
33. Immovable property, as it is entered in a division
of a Land Register, shall be liable for all the rights
corroborated in such division.
34. The provisions of the previous Section (Section 33)
do not apply to cases:
1) where the rights corroborated in a division apply only to
an undivided share of a joint owner (Section 1295 of the Civil
Law); or
2) where such rights encumber only a specific actual share of
an immovable property.
In such cases, it shall be indicated in the documents, which
are the basis for corroboration that the rights to be
corroborated do not apply to an entire immovable property but
only to a specific undivided or actual share thereof.
35. If it is not stated otherwise in an entry itself
(Section 82, Clause 3) or if one corroboration has not been
assigned priority right over the other, the priority right of
corroboration shall be determined in accordance with the time of
corroboration in a division of a Land Register (Sections
73-75).
36. When dividing an immovable property into several
independent properties, as well as when separating an actual
share from an immovable property with the intention of adding it
to another immovable property (Section 37), all the rights which
encumber the immovable property to be divided shall still be
applicable in full to each newly created immovable property or an
actual share separated from the immovable property, except for
cases:
1) where the object of such rights is not a share separated
from an immovable property or an actual share thereof from which
a new immovable property has been created (Section 34, Clause 2);
or
2) where the persons who possess the referred to rights have
released from co-responsibility an actual share of an immovable
property; or
3) where it is provided in separate laws that encumbrances do
not transfer to a newly created immovable property.
The rights to be corroborated for the benefit of an immovable
property to be divided shall remain also for all newly created
shares as long as such rights have not appertained to one
specific share prior to division.
It shall be indicated in a decision of corroboration whether
encumbrances apply to a certain share of such property or all
shares of such property.
[30 March 1993]
37. Several properties of one and the same owner for
which separate divisions have been opened in a Land Register may
be joined in a single division:
1) when the properties to be joined compile a single economic
unit; and
2) when only one of the properties to be joined is encumbered
with certain rights or when all the properties to be joined are
encumbered with one and the same rights, or when the persons who
possess the rights have agreed regarding priority rights; or
3) when such joining does not contradict the law.
[30 March 1993]
38. When adding an actual share separated from another
property to an immovable property, the provisions of Section 37,
Clauses 2 and 3 must be taken into account.
39. When joining an immovable property belonging to
joint owners with another immovable property belonging to the
same joint owners, the undivided shares of each joint owner in
the properties to be joined shall be equal.
40. When obtaining an undivided share of an immovable
property belonging to joint owners, the property right may be
corroborated in a Land Register if the undivided share of only
one joint owner is encumbered or if the shares of all joint
owners are encumbered with one and the same rights or if the
persons who possess such rights have agreed regarding primary
rights.
41. If several divisions have been erroneously opened
in a Land Register for one and the same immovable property, a
judge shall close the unnecessary divisions by a special decision
also without a request from the interested parties. Prior to the
decision, the owner of the immovable property and the persons for
the benefit of whom certain rights have been entered in the
division shall be invited to submit comments, prescribing for
them a term of two weeks. If the place of residence of such
persons is not known, the invitation shall be published in the
official newspaper and posted on the premises of the office.
Non-submission of a comment shall not be an obstacle for the
closing of the division. The costs of the announcement shall be
paid from State funds.
The following amendments shall be made to the division of the
Land Register, using a notification received from other State
information systems online:
1) the cadastre number or the designation of the cadastre
shall be changed;
2) without changing the boundaries of the plot of land, update
the area of the plot of land according to the cadastral survey
data;
3) the total area of a residential property as an individual
property shall be updated, if changes in the area in accordance
with the Law On Residential Properties do not affect the
undivided share of the joint property included in the residential
property and if it has been registered in the Information System
of the Immovable Property State Cadastre (hereinafter - the
Cadastre Information System);
4) on the basis of a document submitted by the authority which
conducts the privatisation regarding the detected inaccuracies
which have occurred in determining the undivided share of the
residential house during privatisation process, the amount of the
undivided share of the joint property included in the composition
of the residential property shall be updated, if it has been
registered with the Cadastre Information System;
5) changes in the address of the immovable property object
shall be made;
6) changes in personal identification data of natural persons
who have been assigned a personal identity number shall be
made;
7) update the re-calculated undivided shares of the joint
property included in the composition of the residential property
according to the Law on Residential Properties, if during the
privatisation process of the residential property the undivided
shares have been calculated incorrectly;
8) without changing the boundaries of the plot of land, update
the area of a plot of land for which the cadastral survey has not
been made, but which has been entered in the Land Register in the
cases provided for in the laws and regulations regarding the land
ownership rights of the State or local governments and their
corroboration in Land Registers, according to information
regarding the area of the plot of land and its layout in the
terrain;
9) changes in the name of a legal person in conformity with
the changes which have been registered in the registers kept by
the Enterprise Register.
A judge shall take the decision to amend the data identifying
a person or immovable property on the basis of a submission of
the owner, if the corroborated rights are not amended therewith.
Prior to amending an entry the judge shall check the data in the
State information system.
Amendments, which have been made in accordance with the
procedures laid down in Paragraphs two and three of this Section,
shall not be subject to appeal.
A Chief Judge of a district (city) court may authorise an
assistant judge to process the notification referred to in
Paragraph two of this Section.
[30 March 1993; 30 January 1997; 2 February 2006; 26 May
2011; 30 October 2014; 1 November 2018; 11 October 2018]
42. If the physical location of an immovable property
for which a division has been opened in a Land Register cannot be
determined, a district (city) court shall, with an announcement
on the website www.vestnesis.lv, invite the owner entered in the
Land Register and the persons to whom certain rights to the
immovable property have been corroborated, or the successors of
such rights to submit evidence within two months that the
immovable property actually exists in nature. If such evidence is
not submitted within the referred to term, the judge shall close
the division by a special decision.
This provision shall be applied only if no new entries have
been entered in the division within 50 years.
The costs of the announcement shall be paid from State
funds.
[30 March 1993; 30 January 1997; 1 November 2018]
Sub-chapter
Two
Form and Content of the Entries of a Division
1. Forms of
Entries
43. Corroboration in a division of a Land Register
shall be expressed in entries (articles) and notations.
44. Rights to immovable property which are based on a
lawful transaction, a judgment or a decision of a court or a
statement of administrative institutions, or which exist on the
basis of the law itself (Section 5) shall be corroborated in the
form of an entry; changes and extinguishing of the referred to
rights shall be corroborated in the same way.
The security and restrictions of rights shall be corroborated
in the form of notations.
45. The following shall be entered in the form of
notations:
1) the proclaiming of an owner as an insolvent debtor;
2) the bringing of recovery proceedings against an immovable
property;
3) the establishment of trusteeship over an owner due to
mental illness or another health disorder and a dissolute or
spendthrift lifestyle;
4) court decisions regarding security for a claim;
5) until the substitution of notations with entries, and
claims from administrative institutions and officials, to which
the law has assigned an irrefutable nature;
6) the submission of complaints regarding decisions of a judge
- until the settlement of such complaints in accordance with
prescribed procedures (Section 98);
7) with the consent of an owner - everything which may be
corroborated in the form of entries until the elimination of such
obstacles due to which such corroboration is not possible; such
notations shall be entered in the part and section in which the
corroboration would be written in the form of an entry;
8) the restrictions of rights and the security of rights for
which the form of notations has been specified in other laws.
[13 March 1940; 30 January 1997; 30 October 2014; 1
November 2018]
46. An insolvency notation (Section 45, Clause 1) shall
be an obstacle to any voluntary or compulsory corroboration,
except in the following cases:
1) a complaint regarding a decision of a judge has been
submitted (Section 45, Clause 6);
2) the corroboration is allowed by the Insolvency Law.
A recovery notation (Section 45, Clause 2) and also a claim
enforcement notation (Section 45, Clause 4), if a court decision
has been taken in a case regarding property rights or the
corroboration of such right, shall hinder any voluntary
corroboration performed by an owner, except for the notations
provided for in Section 45, Clauses 6 and 7.
A trusteeship notation (Section 45, Clause 3) shall be an
obstacle to any voluntary corroboration if the provisions of the
Civil Law for the management of the property of a person in
trusteeship are not complied with.
In other cases, a notation shall not be an obstacle to further
corroboration, but shall confer an advantage on the right ensured
by the notation, beginning with the day the notation was entered
in the Land Register, and a binding force against such acquirers
of an immovable property and other persons whose rights have been
corroborated after the entering of the notation.
The effects of the notations referred to in Section 45, Clause
8 shall be discussed in accordance with the laws in which such
notations are provided for.
[26 May 2011; 1 November 2018]
2. Content of
Entries
47. The following shall be indicated in an entry of a
division:
1) the document which has been the basis for
corroboration;
2) the corroborated right, the content and essential
appurtenances thereof;
3) the corroboration journal number with which a corroboration
request has been entered in a journal;
4) the date of a decision of a judge.
The following shall be additionally indicated in section one
of part four of a Land Register division (Section 18):
1) the creditor or person for the benefit of whom a
corroboration is performed;
2) the sum of capital in Latvian currency to which the
corroborated rights amount;
3) the debtor, if corroboration does not apply to an entire
property but only to an undivided share of a joint owner.
Upon amending an entry and rewording it, all numbers of
journals related to the particular right shall be indicated.
[30 March 1993; 27 March 2003; 30 October 2014; 10 November
2016]
48. If one and the same rights are corroborated to
several independent immovable properties (Section 29), then such
rights shall be entered in full in the Land Register division
designated for each immovable property, pointing out other
divisions in which such rights have also been entered.
49. When corroborating rights belonging without
division to several persons in a Land Register, the undivided
share belonging to each of these persons shall be determined
numerically, except for the cases provided for in Section 124 of
the Civil Law.
If it is not visible in the documents, which are the basis for
corroboration in what shares a right belongs to each partner,
then it shall be indicated that the right belongs to them in
equal shares.
50. All entries shall be designated with a consecutive
number in the order of entry. Each section shall have its own
numbering.
If an entry, in accordance with the content thereof, applies
to another entry of the same division, then the consecutive
number of the relevant entry and also the part and section where
such entry is located shall be written under both entries,
moreover, concisely indicating in brackets the mutual relations
of both entries.
The amended and reworded entry shall replace the previous
entry. The priority right of corroboration shall be determined in
accordance with the provisions of Section 35 of this Law.
[30 March 1993; 30 October 2014]
51. Entries in a Land Register shall be concise, and
they shall not include anything that is not related to an
immovable property and the rights corroborated thereto.
52. When designating a person in an entry, his or her
given name, surname, date and place of birth shall be indicated,
but when designating a legal person - the name or firm name
thereof shall be indicated.
Date and place of birth do not need to be indicated in cases
where the institution or official who has prepared a statement or
certification has noted that it was not possible to clarify such
information.
53. If an entry includes a reference to an immovable
property which has its own division in the same Land Register or
in another Land Register of the same or also another district
(city) court, then the district (city) court in the Land Register
of which the property has been entered, the Land Register itself
and the Land Register number of the property shall be noted.
[1 November 2018]
54. Extinguishing in entries shall not be allowed.
Corrections made in an entry in order to co-ordinate it with a
decision of a judge (Section 78) shall be indicated prior to the
signature of the judge or, if a mistake is corrected after an
entry has been signed - in a separate entry. The latter shall be
entered without taking a new decision and shall be expressed in
the form provided for in Section 47, indicating that it
substitutes the former record. Corrections shall be made also in
an issued Land Register statement, which shall be requested for
this purpose from a person to whom it has been issued.
Corrections to records, which do not correspond to decisions
of corroboration, shall be allowed only in accordance with the
procedures specified in Sections 90 and 97.
[30 January 1997; 1 November 2018]
55. The provisions of the previous Sections (47-54)
shall also be applied to notations.
Sub-chapter
Three
Special Reqirements for Entering the Right of Superficies
[10 November 2016]
55.1 Upon encumbering a plot of land with
the right of superficies, concurrently:
1) a notation shall be made in section one of part three of a
division regarding opening a division of the right of superficies
by indicating the number of division of the right of
superficies;
2) a division shall be opened for entering the right of
superficies by consecutively including therein the number of the
division of the plot of land, the abbreviated designation "AT" of
the right of superficies, and the sequence number.
Upon changing the superficiary, amendments shall be made to
the division of the encumbered plot of land regarding the
superficiary.
55.2 A division of the right of superficies
shall be opened and information shall be entered therein in
accordance with the requirements of this Law regarding divisions,
and the following shall be indicated in section one of part one
of the division of the right of superficies:
1) the words "apbūves tiesība" [right of superficies];
2) the term of the right of superficies;
3) the designation of the cadastre and the area of the plot of
land to which the right of superficies applies;
4) the building (structure) which is built on the basis of the
right of superficies as an essential part of the right of
superficies and its designation of the cadastre;
5) the owner of the encumbered plot of land.
Upon changing of the owner of the encumbered plot of land,
amendments shall be made to the division of the right of
superficies regarding the owner of the plot of land.
55.3 Upon expiry of the right of superficies
(Section 1129.9, Paragraph one of the Civil Law), the
building (structure) built on its basis shall be added to the
division in which the plot of land related to the right of
superficies is entered, and the division of the right of
superficies shall be closed.
If the right of superficies ends with the expiring of the term
(Section 1129.7, Paragraph one of the Civil Law), then
a judge shall take a decision to terminate the right of
superficies not later than within one working day after expiry of
the term of the right of superficies on the basis of a request of
the interested person expressed upon entering the right of
superficies in the Land Register.
[1 November 2018]
Chapter
Four
Corroboration
Sub-Chapter
One
Requests for Corroboration and the Appendices Thereof
56. Requests for corroboration shall be in writing.
[30 October 2014]
[30 October 2014]
A request for corroboration is also an application for the
registration or updating of the relevant data in the Cadastre
Information System, if the following is requested under it:
1) to enter a building (structure) as an independent structure
property;
2) to corroborate or amend the servitude of right of use of
buildings and water and servitude of right of way or the security
of this right, if the graphic representation of the servitude
territory has been appended;
3) to divide the immovable property into several independent
immovable properties;
4) to form a new immovable property from the immovable
property objects included in the composition of several immovable
properties.
The procedures for the circulation of the documents to be
appended to the request for corroboration referred to in
Paragraph four of this Section, including the information
regarding the payment of the fee for the paid service of the
State Land Service, shall be determined by the Minister for
Justice.
[27 March 2003; 2 February 2006; 30 October 2014; 11
October 2018]
56.1 A request for corroboration, which has
been signed in accordance with the procedures laid down in the
laws and regulations regarding electronic documents, shall be
submitted:
1) by the credit institution (also the capital company the
legal grounds for operation of which are determined by the Law on
Development Finance Institution) for the benefit of which the
pledge right has been corroborated in the Land Register -
regarding extinguishing the mortgage and restrictions of the
rights related thereto;
11) by the credit institution for the benefit of
which the pledge right is to be corroborated in the Land Register
- regarding corroboration of the mortgage and restrictions of the
rights related thereto in the cases of transition of a credit
institution undertaking laid down in the laws and regulations
governing the operation of a credit institution;
12) by the covered bond company or the person who
takes over the rights and obligations of the issuer arising from
the covered bond programme - regarding corroboration of the
property right or the mortgage and the restrictions of the rights
related thereto on the cover asset which has been transferred to
it in the case of covered bond emission by the issuer in
accordance with the Covered Bonds Law (also in the case of a
cross-border programme);
2) by a sworn bailiff - regarding entering, changing or
extinguishing a notation;
3) by an administrator of insolvency proceedings - regarding
entering, changing or extinguishing a notation;
4) a State or local government institution, including also the
authority the competence of which includes alienation of
immovable property for the public needs, or an authorised person
thereof if a request for corroboration is submitted by a lawful
representative of the authorised person, except for the request
for corroboration on the plots of land belonging to or in
jurisdiction of the State or local government on which the
transport infrastructure objects of public use are located, and
the plots of land which are located in a port territory;
5) by a sworn notary, if is the corroboration is based on a
notarial deed prepared by such sworn notary.
In accordance with the procedures laid down in the laws and
regulations regarding electronic documents, a request for
corroboration:
1) may be submitted by the persons referred to in Section 60,
Paragraph two of this Law, if the conditions of Section 60,
Paragraph two of this Law have been met;
2) shall be submitted by a sworn notary, if the signature of
the private individual on the request for corroboration has been
certified in accordance with the procedures provided in Division
E1 of the Notariate Law.
A request for corroboration signed in accordance with the
procedures laid down in this Section shall be submitted through
the special online form available on the website of the State
Unified Computerised Land Register www.zemesgramata.lv or data
exchange between information systems, or the official official
electronic mail address.
[30 October 2014; 10 November 2016; 13 June 2019; 10 June
2021; 15 June 2021]
56.2 An electronically signed document
confirming the right to be corroborated shall be appended to a
request for corroboration submitted electronically:
1) in the case provided for in Section 56.1,
Paragraph one, Clause 2 of this Law - by a derivative of a ruling
which has been certified by a sworn bailiff and which is in legal
effect, or of another execution document;
2) in the case provided for in Section 56.1,
Paragraph one, Clause 3 of this Law - by a derivative of a ruling
which has been certified by an administrator of insolvency
proceedings and which is in legal effect;
3) in the case provided for in Section 56.1,
Paragraph one, Clause 4 of this Law - by an original or a
derivative of the document issued by the State or local
government institution;
4) in the case provided for in Section 56.1,
Paragraph one, Clause 5 of this Law - by an extract from the
notarial deed book, certified by a sworn notary;
5) in the case provided for in Section 56.1,
Paragraph two of this Law - by an original or a derivative of the
document issued by a public person.
Other documents to be appended to the request for
corroboration, if there is no original electronic document at the
disposal of the submitter, shall be submitted in the form of an
electronic derivative.
[30 October 2014]
56.3 Notifications of the Spousal Property
Relations Register on immovable property shall be sent to the
respective district (city) court electronically. The Minister for
Justice shall determine the procedures for signing, issuing and
receiving the notification.
[30 October 2014; 1 November 2018]
56.4 The State Land Service shall
electronically send to the respective district (city) court a
submission of the owner on the following that belongs
thereto:
1) division of a plot of land included in the composition of
one immovable property belonging to the owner into several plots
of land;
2) joining of several plots of land included in the
composition of one immovable property belonging to the owner into
one plot of land;
3) [10 June 2021];
4) entering of an engineering structure belonging to the owner
that has been put into service based on an executive
measurement;
5) entering of a building of Group 1 belonging to the owner
that has been classified in accordance with division provided for
in the laws and regulations governing the area of construction
based on the declaration of data on the building.
The procedures for sending the submission of the land owner,
the documents to be appended thereto and other requested
information shall be determined by the Minister for Justice.
[30 October 2014; 1 November 2018; 13 June 2019; 11 October
2018; 10 June 2021]
56.5 An owner of a building (structure)
shall submit a submission signed in accordance with the laws and
regulations regarding electronic documents, using a special
online form on the website of the Construction Information System
for:
1) deleting the building (structure) on the basis of a
document which confirms non-existence of the building (structure)
if the building (structure) is not the only object of the
immovable property;
2) entering the building in the Land Register on the basis of
the acceptance of the building (structure) for service;
3) entering the newly-erected structure in the Land Register
on the basis of the statement issued by the building authority in
which the legal basis for the construction and the
characterisation of the newly-erected building are indicated.
A document file certified in accordance with the specific
procedures and issued by the building authority from the
Construction Information System and other documents shall be
appended to such submission in conformity with the provisions of
Section 64 of this Law.
[10 June 2021]
57. Corroboration may be requested only by owners of
immovable property and persons for the benefit of whom or against
whom corroboration is made, as well as in the cases specified by
law - judicial and other State authorities or officials.
58. Authorisation for another person to request
corroboration shall be expressed in a power of attorney which has
been certified by a notary or an Orphan's and Custody Court.
A specially certified power of attorney shall not be necessary
if authorisation to request corroboration has been expressed in a
request for corroboration or in the statement itself upon the
basis of which a right is to be corroborated, or if authorisation
has been given to the notary who has drawn up or certified the
referred to statement.
A specially certified power of attorney shall not be necessary
also in cases where a person has a notarially certified
authorisation to perform activities related to the renewal of
property rights.
[30 March 1993; 30 January 1997]
59. If an applicant submits several requests for
corroboration, then he or she may request that one corroboration
not be performed without the other.
60. Signatures of private individuals on requests for
corroboration to be submitted shall be certified by a notary or
Orphan's and Custody Court. When certifying a signature, the
capacity to act of such persons and the amount of power of
attorney of the authorised person or the representative shall be
examined.
The signatures of owners of immovable property and persons for
whose benefit or against whom a corroboration must be made,
including signatures of the representatives of the persons
registered in registers kept by the Enterprise Register, shall
not need a certification of a notary or Orphan's and Custody
Court, if the abovementioned persons submit the request for
corroboration to the district (city) court in person and the
request is substantiated by:
1) a court ruling;
2) a notarial deed;
3) an administrative deed;
4) an agreement regarding acquisition of the ownership for the
immovable property through the privatisation of the State or
local government property;
5) a statement of the building authority regarding status of
the building and an act regarding accepting a structure for
service.
[2 February 2006; 26 March 2009; 26 May 2011; 10 November
2016; 1 November 2018]
61. The following shall be attached to a request for
corroboration:
1) documents which confirm the rights to be corroborated;
2) a certification regarding the consent of such person
against whom a corroboration is directed, except for cases where
a corroboration is based on the law or a judgment or a decision
of a court or also when a corroboration is performed in the form
of notations provided for in Section 45, Clauses 1-6 and 8;
3) a certification regarding the consent of a third person if
such consent is necessary for corroboration in accordance with
the law;
4) the information on payment of fees if the request for
corroboration does not contain the information on the payment
made and the personal identity number or the registration number
of the person requesting the corroboration and cadastre number of
the immovable property or division number of the Land Register is
not indicated in the purpose of the payment;
5) the documents, which certify the rights of authorisation or
representation - in the form of an original or a notarially
certified true copy. A document, which certifies the rights of
representation of such legal persons registered in the registers
kept by the Enterprise Register, shall not be attached to the
request for corroboration;
6) for legal persons - also notarially certified true copies
(extracts) of documents approving the legal capacity and capacity
to act thereof. A request for corroboration shall not be appended
true copies (extracts) of documents approving the legal capacity
and capacity to act of legal persons registered in the registers
kept by the Enterprise Register, except the Register of Religious
Organisations and Institutions Thereof.
The attached documents shall be indicated in a request for
corroboration.
A judge has a duty to examine the registers kept by the
Enterprise Register until taking a decision if the request for
corroboration is submitted by a legal person registered in
registers kept by the Enterprise Register.
[30 January 1997; 27 March 2003; 22 April 2004; 26 March
2009; 26 May 2011; 10 November 2016; 1 November 2018]
61.1 If corroboration of the pledge right is
requested by the owner of the immovable property, the consent of
the creditor need not be appended to the request for
corroboration. The request for corroboration shall be appended by
the document which attests for an obligation if the pledge
agreement which justifies corroboration of the mortgage contains
significant provisions for the obligation which is ensured by the
mortgage, and validity thereof.
[2 February 2006; 1 November 2018]
62. The district (city) court shall append land
boundary plans prepared according to specific procedures and
registered in the Cadastre Information System to the request for
corroboration:
1) when opening a division for an immovable property in a Land
Register which has not been previously entered in a Land Register
or for which divisions have been destroyed or gone missing;
2) when dividing an immovable property, for which a separate
division has been opened, into several independent immovable
properties (Section 36);
3) when separating a share of an immovable property in order
to attach it to another property (Section 36);
4) when joining several immovable properties belonging to a
single owner (Section 37);
5) when corroborating the property rights to an undivided
actual share of an immovable property (Section 34, Clause 2).
The provisions of Paragraph one of this Section on appending
the land boundary plans shall be applicable in respect of those
plots of land the borders of which have been changed:
1) when dividing an immovable property, for which a separate
division has been opened, into several independent divisions
(Section 36);
2) when separating a share of an immovable property in order
to attach it to another immovable property (Section 36);
3) when joining several immovable properties belonging to a
single owner (Section 37);
4) in other cases provided for by laws.
When encumbering an undivided actual share of a building
(structure) with property rights, the following shall be appended
to a request for corroboration:
1) copies of the cadastral survey documents of the building
(structure) or extracts therefrom, if a cadastral survey needs to
be made for the building (structure) in accordance with the laws
and regulations governing the operation of the cadastre;
2) copies of the executive measurement plan of the engineering
structure or an extract therefrom, if a cadastral survey need not
be made for the engineering structure in the cases referred to in
the laws and regulations governing the operation of the
cadastre;
3) a copy of the executive measurement plan for the placement
of the building, if a cadastral survey need not be made for the
building in the cases referred to in the laws and regulations
governing the operation of the cadastre.
When encumbering an undivided actual share of a plot of land
with property rights, if its boundary plan has not been
registered in the Cadastre Information System, the district
(city) court shall obtain information on the registration of the
abovementioned plot of land in the Cadastre Information System
from the Cadastre Information System.
[13 March 1940; 30 March 1993; 30 January 1997; 27 March
2003; 30October 2014; 10 November 2016; 1 November 2018; 11
October 2018]
62.1 A district (city) court shall append
the document file certified in accordance with the specific
procedures and issued by the building authority from the
Construction Information System to the request for corroboration
which is justified by the document issued by the building
authority.
[10 June 2021]
63. The documents referred to in Section 61 of this Law
need not be submitted, if they:
1) are in the folder of another immovable property. In such
case the folder of the immovable property of the Land Register of
such district (city) court shall be indicated in the request for
corroboration to which the document is appended;
2) have been submitted to the respective district (city) court
by appending them to another request for corroboration. In such
case the cadastre number of the immovable property, regarding
which the request for corroboration has been submitted, or the
Land Register and the number of the Land Register division shall
be indicated in the request for corroboration.
[30 October 2014; 1 November 2018]
64. The documents referred to in Section 61, Clause 1
shall be submitted in originals, except for cases where a request
for corroboration has been based on:
1) a transaction effected in accordance with notarial deed
procedures;
2) a notarial deed regarding the coming into legal effect of a
last will instruction instrument or a confirmation of inheritance
rights (inheritance certificate);
3) a notarial deed regarding a share of property of a
surviving spouse (certificate regarding the property share of the
spouse);
4) a document which is located in another district (city)
court;
5) a judgment or a decision of a court;
6) a decision of administrative authorities;
7) a European Enforcement Order issued by a foreign court or
competent authority in accordance with Regulation (EC) No
805/2004 of the European Parliament and of the Council of 21
April 2004 creating a European Enforcement Order for uncontested
claims;
8) a certificate issued by a court, also foreign court, in
accordance with Article 20(2) of Regulation (EC) No 861/2007 of
the European Parliament and of the Council of 11 July 2007
establishing a European Small Claims Procedure;
9) a European order for payment issued by a court, also
foreign court, in accordance with Article 18 of Regulation (EC)
No 1896/2006 of the European Parliament and of the Council of 12
December 2006 creating a European order for payment
procedure.
In the case provided for in Paragraph one, Clauses 1, 2, and 3
of this Section, an extract from the notarial deed book shall be
submitted, in the case provided for in Clause 5 - a true copy of
the judgment or a decision issued by a court which has entered
into legal effect, or a writ of execution issued for the
fulfilment thereof, or a copy of a writ of execution certified by
a sworn bailiff shall be submitted, in the case provided for in
Clause 6 - a true copy of a decision issued by an administrative
authority or a decision (document) file from the Construction
Information System certified with an electronic stamp shall be
submitted, in the case provided for in Clause 7 - a copy of an
execution document issued by a foreign court or competent
authority and approved by a sworn bailiff shall be submitted, but
in the case provided for in Clauses 8 and 9 - a copy of an
execution document issued by a court, also foreign court, and
approved by a sworn bailiff shall be submitted.
[27 March 2003; 26 May 2011; 30 October 2014; 1 November
2018; 10 June 2021]
65. The following must be attached to a request for the
corroboration of a mortgage on the basis of a court judgment
(Section 1307 of the Civil Law):
1) a writ of execution and a true copy of the judgment issued
by the court, or
2) an original statement subject to compulsory implementation
and a court-certified true copy of such statement, as well as two
true copies of a decision of a judge.
When requesting the corroboration of a mortgage in order to
ensure the payment of the fees specified in a judgment or a
decision of a court, a true copy of the judgment or decision
issued by the court shall be attached to the request.
[30 January 1997]
66. Formal statements drawn up in foreign states,
except those referred to in Section 64, Paragraph one, Clauses 7,
8 and 9 of this Law, may be the basis for corroboration only in
such case where they have the certification of an embassy or a
consular office of Latvia that a foreign institution or the
official who has drawn up the statement has the right to do this
in accordance with the laws of the relevant foreign state.
[26 May 2011]
67. Documents to be submitted to a district (city)
court shall be in the official language, except for the documents
referred to in Section 66 and wills drawn up informally, but in
such case translations in the official language shall be attached
thereto the accuracy of which has been certified by a notary or a
translator invited thereby.
[1 November 2018]
68. The consent necessary for corroboration (Section
61, Clauses 2 and 3) may be certified:
1) if the consent is given by a State or local government
authority - with a certificate issued by such authority or a
notification addressed to a district (city) court;
2) if the consent is given by a private individual - with a
document drawn up in accordance with the procedures of a notarial
deed or presented to a notary for certification or certified by a
Orphan's and Custody Court, or also in such a way that such
person signs the accompanying document which is the basis for
corroboration, or also signs a request for corroboration,
moreover, the capacity to act of a signatory person shall be
examined by a notary or a Orphan's and Custody Court.
[27 March 2003; 1 November 2018]
Sub-chapter
Two
Receipt of a Request for Corroboration
69. Requests for corroboration shall be received by an
employee of a district (city) court and he or she shall note
thereon the year, month and the day of the receipt thereof.
[27 March 2003; 1 November 2018]
70. An employee of a district (city) court shall verify
that:
1) the signature of an applicant for corroboration has been
certified in a request for corroboration in accordance with
prescribed procedures. If the signature of a private person has
not been certified on the request for corroboration in accordance
with the procedures laid down in Section 60, Paragraph one, the
employee of the district (city) court shall check the compliance
of the request for corroboration with the provisions of Section
60, Paragraph two, as well as the identity of the applicant for
corroboration and an appropriate certification shall be made on
the request for corroboration;
2) all the documents attached to a request for corroboration
have been indicated in the request.
Upon a request, an employee of a district (city) court shall
indicate the date of the receipt of a request for corroboration
on a true copy of the request for corroboration (Section 69).
[30 January 1997; 27 March 2003; 2 February 2006; 1
November 2018]
71. An employee of a district (city) court shall enter
the received corroboration requests in the corroboration journal
with a particular number on the day of their receipt and in the
order of the receipt by noting the number on the request for
corroboration, and shall sign the entry. Requests for
corroboration received by mail in a district (city) court after
reception hours shall be recognised as received on the following
working day.
An application for the corroboration of the immovable property
to the acquirer, winner at an auction, co-owner or creditor shall
be recorded in the corroboration journal in accordance with the
procedures laid down in Paragraph one of this Section.
[27 March 2003; 30 October 2014; 1 November 2018]
71.1 Upon receipt of a request for the
corroboration of property rights in the Land Register from a
person regarding whom a notification has been received in
accordance with the procedures laid down in Section
118.1 of this Law, a district (city) court shall send
to the submitter of the notification, except for the Ministry of
Foreign Affairs, information thereon using automated means.
The submitter of the notification shall submit a request for
entering a notation in the Land Register in such a manner that
the district (city) court would receive it not later than on the
fifth day from the day when the automated information was sent.
If a request for entering a notation in the Land Register has
been received after the aforementioned term, it shall be examined
according to general procedures.
The submitter of notification shall indicate in the request
for corroboration whether information regarding a notification
received in accordance with the procedures laid down in Section
118.1 of this Law should be deleted from the index of
persons.
[26 May 2011; 4 February 2016; 1 November 2018]
Sub-chapter
Three
Decisions of a Judge and the Execution Thereof
[30 January 1997; 1 November
2018]
72. A judge shall examine requests for corroboration in
the sequence in which they have been entered in a corroboration
journal, taking into account the priority rights to fulfilment of
the applications (Sections 73-75). Requests for corroboration
related to acquisition of property rights, which have been
submitted by a person regarding whom a notification has been
received in accordance with the procedures laid down in Section
118.1 of this Law, shall be examined prior to entering
a request for corroboration of an entry in the Land Register.
Requests for corroboration shall be examined not longer than
within 10 days. In complicated cases, a judge may extend such
term to up to one month. Requests for corroboration and also
submission the examination of which is related to the
registration or updating of data in the Cadastre Information
System shall be examined within 10 days. This time period shall
not include the time which is necessary for the registration or
updating of the relevant data in the Cadastre Information
System.
The application referred to in Section 71, Paragraph two of
this Law shall be examined in conformity with the procedures and
terms laid down in the laws and regulations regarding directing
recovery against immovable property.
If the requests for corroboration referred to in Section
56.1 Paragraph one, Clause 1.1 of this Law
cannot be examined within the time period laid down in Paragraph
two of this Section due to their volume or due to other objective
reasons, the Chief Judge of the district (city) court may extend
the time period for up to two months.
[27 March 2003; 26 March 2009; 26 May 2011; 30 October
2014; 4 February 2016; 10 November 2016; 1 November 2018; 11
October 2018]
73. Priority right to fulfilment by taking into account
the exceptions provided for in the following (Sections 74 and 75)
sections, shall be given to such a request for corroboration
which was received earlier in a district (city) court.
[1 November 2018]
74. Requests for corroboration which are submitted to a
district (city) court during the working hours of one and the
same day or are received by mail until the end of reception hours
shall be recognised as having arrived at the same time.
[27 March 2003; 1 November 2018]
75. Priority right to fulfilment against other requests
for corroboration that arrived on the same day shall be given to
requests to enter such notations, which are referred to in:
1) Section 45, Clause 1-3;
2) Section 45, Clause 4, if a decision of a court has been
made in a case regarding property rights to immovable property or
regarding the corroboration of such right;
3) Section 45, Clause 8, if such notations are of a
prohibitive nature.
76. When examining a request for corroboration, a judge
shall base his or her decision only on the data that is in the
request and the documents attached thereto, without requesting
any information from authorities or private individuals. The
judge shall take a decision on the basis of an obtained
electronic document, if the original document is located in
another folder of immovable property.
An applicant for corroboration may, until the making of a
decision, supplement his or her request by submitting missing
information, documents and fees. Such supplements shall be
submitted with a paper and shall be entered in a corroboration
journal.
Additional applications, which expand the first request shall
not be allowed.
Until the decision is taken, the applicant for corroboration
can withdraw its request for corroboration by submitting an
application for the withdrawal of the request for corroboration
to the district (city) court in person or electronically, signing
it in accordance with the procedures provided for in the laws and
regulations regarding electronic documents. The application for
the withdrawal of the request for corroboration shall be
submitted by all applications for corroboration collectively. The
withdrawal of a request for corroboration shall be entered in the
corroboration journal as a supplement.
A judge shall take a motivated decision regarding the leaving
of a request for corroboration without examination, which shall
be sent to the submitter of the request for corroboration
together with the documents attached to the request for
corroboration.
A person regarding whom a notification has been received in
accordance with the procedures laid down in Section
118.1 of this Law may not revoke a request for
corroboration of property rights in the Land Register in
accordance with the procedures laid down in Paragraph four of
this Section.
[30 January 1997; 27 March 2003; 26 May 2011; 29 October
2014; 1 November 2018; 13 June 2019]
76.1 A judge shall evaluate the
admissibility of the corroboration referred to in Section 56,
Paragraph four of the Law within five days, and, where it is
admissible, send a request for corroboration and the documents
appended thereto to the State Land Service for the performance of
the service and registration or updating of data in the Cadastre
Information System. A judge shall examine a request for
corroboration upon a notification of the State Land Service on
the registration or updating of the relevant data in the Cadastre
Information System or upon the receipt of the decision on the
refusal to register or update the data. The notification of the
State Land Service on the refusal to register or update the data
shall form basis for taking the decision to leave a request for
corroboration without examination.
[11 October 2018; 1 November 2018; 13 June 2019
/ Amendment regarding replacement of the words "A judge of
the Land Registry" with the words "A judge" come into force on 1
December 2019. See Paragraph 21 of Transitional
Provisions]
77. When examining a request for corroboration, a judge
shall only ascertain the following:
1) that the request is in conformity with the provisions of
Sections 57, 58 and 60-68;
2) that other already corroborated rights or another request
for corroboration that arrived on the same day are not an
obstacle to corroboration (Section 75);
3) that the rights, the corroboration of which is requested,
belong to the rights referred to in Sections 31 and 44 which are
related to an immovable property;
4) that the documents upon which a request is grounded do not
contain anything, which is obviously illegal;
5) whether a copy of the decision approved by the person
directing the proceedings to impose an attachment on the property
has not been received until the taking of a decision.
[30 January 1997; 26 March 2009; 1 November 2018]
78. A judge shall take a separate decision for each
request registered in a corroboration journal (Section 71) which
he or she signs by noting the date of the decision and affixing
the seal of the district (city) court.
Originals of the decisions of a judge shall be fastened
together in a volume in chronological sequence.
[30 January 1997; 1 November 2018]
79. A judge shall satisfy a request for corroboration
with his or her decision or shall disregard it.
If only a part of a request may be regarded, a judge shall
decide to satisfy the request in an admissible amount,
disregarding the other part thereof, except for the case provided
for in Section 81 where a request is to be disregarded in
full.
Decisions regarding the suspension of corroboration are not
admissible until the elimination of obstacles.
[30 January 1997; 1 November 2018]
80. If the rights of several partners have been
specified by a judgment or a decision of a court, then these
shall be corroborated in full if all fees due have been paid,
even if the request for corroboration has been signed by only one
of the partners.
81. When corroborating a property right on the basis of
a will, if the will itself does not state the contrary, the
prohibitions of alienation or encumbrance and the usufructuary or
maintenance rights provided for in the will shall also be
corroborated together with the property right.
The prohibitions referred to Section 16, Clause 2, letter b
shall not hinder the corroboration of the usufructuary or
maintenance rights provided for in a testament.
If there are any obstacles to the corroboration of the
usufructuary or maintenance rights specified in a will, then the
request for corroboration shall be disregarded in full.
The rights of secondary heirs provided for in a will (Section
16, Clause 2, letter c) shall be corroborated together with the
rights of primary heirs.
[13 March 1940]
82. In a decision to disregard a request for
corroboration in full or in part (Section 79), the reason why the
corroboration is not acceptable shall be indicated.
In the decision with which a request for corroboration has
been satisfied, the following shall be indicated:
1) the Land Register (Section 10), division (Section 12), part
and section (Sections 15-18) in which an entry or notation shall
be entered;
2) the content of an entry or notation (Section 47);
3) primary right - if of several rights submitted for
corroboration at the same time, which pertain to one and the same
immovable property, some shall enjoy priority right against
others or if the corroboration of a right in the form of an entry
is requested, which until then has been corroborated in the form
of a notation (Section 45).
[30 March 1993]
83. A true copy of a decision, which a judge and a
secretary shall certify with signatures, shall be attached to the
document upon which a decision regarding the corroboration of a
new right has been based. The documents shall be attached to an
immovable property folder together with the request for
corroboration.
If a previously corroborated right has been changed or
extinguished by a decision, the decision shall be noted in
abridged form on such document, which has been the basis for the
primary corroboration of the right in, indicating the
corroboration journal number.
[30 January 1997; 1 November 2018]
84. Entries shall be entered in a Land Register not
later than the next working day after a decision has been taken,
and they shall be signed by a judge and a secretary on the same
day.
Entries and notations shall be noted in a Land Register
together with the date of the corroboration decision.
[30 January 1997; 1 November 2018]
85.
[27 March 2003]
86.
[27 March 2003]
87. A district (city) court shall send an information
form filled in accordance with the specified format by an
applicant for corroboration to the State Land Service for each
case of transition of an immovable property and also notify such
local government within the boundaries of which the property is
located by indicating the given name and surname of the previous
owner and the present owner.
[30 March 1993; 1 November 2018]
88. A district (city) court shall inform the State Land
Service on corroborations which pertain to rural immovable
properties in the cases provided for in Section 62 by designating
the immovable property and indicating the area thereof.
[30 March 1993; 1 November 2018]
89. If a request for corroboration is disregarded, the
documents and fees attached thereto shall be issued to the
applicant or sent back to him or her together with a summons
(Section 85), which shall be attached to an immovable property
folder with the signature of the recipient.
90. If a judge finds a mistake in a corroboration
decision (Sections 78 and 82), he or she shall correct such
mistake with a new decision also without a request or complaint
of interested parties; corrections shall be made after a comment
has been requested from the persons for the benefit of whom or
against whom the improper decision had been made.
The non-submission of a comment or a negative comment shall
not be an obstacle to the correction of a mistake. Obvious
mistakes may be corrected without requesting a comment.
A new decision with which a mistake is corrected shall not
have any effects in relation to the persons whose rights have
been corroborated up until the taking of such decision, except
for a case where it has been proven by judicial process that such
persons have acted in bad faith when submitting the request for
corroboration.
[30 January 1997; 1 November 2018]
Sub-chapter
Four
Evidence of Corroboration
91. When corroborating a new right which has not yet
been corroborated in a Land Register, each applicant may receive
a Land Register statement which has been prepared by creating an
inscription of corroboration and attaching it to the documents
(or true copies thereof) which have been the basis for
corroboration (Section 44, Paragraph one).
An inscription of corroboration shall repeat word for word a
decision of a judge (Section 82).
If a Land Register statement is issued to several persons,
then each copy shall indicate in what number, to whom and for the
attestation of what rights the other copies of the statement of
the Land Register have been issued.
[30 January 1997; 1 November 2018]
92. When corroborating a mortgage on the basis of a
judgment of a court, a true copy of the judgment issued by the
court (Section 65, Clause 1) or a true copy of a court decision
regarding an undisputed compulsory execution together with a true
copy of a statement certified by a court (Section 65, Clause 2)
shall be attached to an immovable property folder, but a writ of
execution or an original statement subject to compulsory
execution with a decision of a judge shall be attached to the
statement of the Land Register to be issued.
[30 January 1997]
93. Persons who wish to receive a Land Register
statement shall submit, along with a request for corroboration,
true copies of the documents referred to in Section 91, which
have been certified by a notary or an Orphan's and Custody
Court.
If such true copies are not submitted until making a decision
of a judge, then they shall be made and certified by a district
(city) court upon the request and to the account of the
interested parties.
[30 January 1997; 1 November 2018; 16 November
2021]
94. If a previously corroborated right is only changed
or extinguished in part with a corroboration, then a new
inscription of corroboration shall be made for a Land Register
statement if such has been issued at the first corroboration
(Section 91).
If a corroboration is related to the cession of such part of a
claim for which a Land statement Register has been issued, then
an inscription of corroboration shall be made on such statement,
but a true copy of the Land Register statement with the same
inscription shall be issued or sent to such person who acquires a
share of the claim.
If a creditor has ceded an entire claim in separate shares for
several persons, then each of them shall be issued a true copy of
a Land Register statement with an inscription regarding the
cession of the claim, indicating also for whom the true copies
have been issued, but the original of the Land Register statement
shall be kept in an immovable property folder. When preparing
true copies of a Land Register statement, the provisions of
Section 93 shall be complied with.
95. A corroboration, which may not be proven with a
Land Register statement (Clauses 91 and 94), may be proven with a
true copy of a decision of a judge. A corroboration with which
some previously corroborated right has been completely
extinguished may be proven in the same way. A Land Register
statement, which has been issued for the proof of the primary
corroboration shall be attached to an immovable property
folder.
[30 January 1997; 1 November 2018]
96. The Land Register statements and the true copies
thereof referred to in this Sub-chapter (Sub-chapter IV), as well
as the true copies of a decision of a judge shall be prepared and
issued or sent only after payment of the fees due (Section
106).
[30 January 1997; 1 November 2018]
Chapter
Five
Appeal of Judge's Decisions
[30 January 1997; 1 November
2018]
97. A person who has requested corroboration may appeal
a decision of a judge (Section 82) if, with such decision, the
request for corroboration is disregarded in full or in part or if
it has not been executed in such a way as was requested. The rest
of the corroboration of the person may be appealed only in
accordance with claim procedure.
Note. Along with the authorisation to submit a request
for corroboration, the same notary may, if necessary, be
authorised to appeal a decision of a judge.
[30 January 1997; 1 November 2018]
98. Complaints regarding decisions of a judge (Section
97) and his or her actions shall be submitted to the regional
court in the territory of operation of which the district (city)
court is located within two weeks from the day when an interested
party has received the decision or from such day when the action
subject to appeal has taken place in conformity with the
procedures for the submission of ancillary complaints laid down
in the Civil Procedure Law, insofar as it has been laid down
otherwise in this Law.
A complaint addressed to the regional court shall be submitted
to the district (city) court which took the decision or in which
the action subject to appeal has taken place. After receipt of
the complaint a judge shall send the complaint and the documents
appended thereto to the regional court.
(The note has been declared invalid by the judgment of the
Constitutional Court of 14 March 2006 from 1 July 2006.)
[30 January 1997; 27 March 2003; 14 March 2006; 26 May
2011; 30 October 2014; 1 November 2018]
98.1 A judge shall refuse to accept a
complaint, if it has been submitted by a person who has not
requested corroboration, or the complaint has been submitted
after the time period stipulated for submission thereof.
If the State fee stipulated in the Civil Procedure Law has not
been paid or the necessary documents have not been appended, a
judge shall take a decision to leave the complaint without
examination, determining a term for the elimination of
deficiencies, which may not be less than 20 days.
If the submitter of the complaint eliminates the deficiencies
indicated in the decision within the determined term, the
complaint shall be deemed as submitted on the day when it was
submitted to the district (city) court for the first time.
Otherwise the complaint shall be deemed not submitted and shall
be returned to the submitter.
A decision of a judge to refuse to accept a complaint and a
decision to leave the complaint without examination shall be
appealed in accordance with the procedures laid down in Section
98 of this Law.
[26 May 2011; 1 November 2018]
98.2 An application for the renewal of a
delayed time period for the submission of a complaint shall be
submitted to the district (city) court which had to carry out the
overdue activity. The grounds for renewal of the term shall be
indicated in the application regarding renewal of a delayed term
for the submission of a complaint, and such documents shall be
appended to the application, which are necessary for the
performance of the procedural activity.
The overdue term for submission of a complaint shall be
restored by a judge, if he or she finds that the reasons of being
overdue are justifiable. In restoring the overdue term for
submission of a complaint the judge shall concurrently allow to
perform the overdue procedural activity.
Refusal of a judge to restore the term for submission of a
complaint shall be appealed in accordance with the procedures
laid down in Section 98 of this Law.
[26 May 2011; 1 November 2018]
99. Submission of a claim regarding a decision of a
judge shall be entered upon the request of the complainant in the
form of a notation (Section 45, Clause 6) in such section of a
Land Register division in which corroboration would be
entered.
If a decision of a judge has been revoked due to a complaint
and a request for corroboration has been submitted for a new
examination, it shall be re-registered in a corroboration journal
and examined in accordance with general procedures. If the
submitter of a request for corroboration has submitted together
with an ancillary complaint only copies of documents made in
accordance with the procedures specified by the Civil Procedure
Law, he or she shall be invited to submit the originals of the
documents after the repeated registration of the request for
corroboration.
If a decision of a judge has been left unchanged, a district
(city) court shall send a true copy of the court decision to the
submitter of the complaint, as well as attach it to an immovable
property folder.
[30 January 1997; 27 March 2003; 1 November 2018]
Chapter
Six
Information to be Issued by a District (City) Court
[1 November 2018]
100. Land Registers, corroboration journals, immovable
property folders, document books and separate documents shall not
be issued outside the premises of an office even upon the request
of a court or other authorities.
If a criminal case regarding forgery has been initiated, the
relevant Land Register divisions and separate documents from
immovable property folders or corroboration journals may be
removed on the basis of a decision of investigating authorities,
leaving in their place duplicates certified by a judge. After the
performance of an expert examination or a court hearing, the
removed documents shall be returned to the district (city)
court.
[30 March 1993; 30 January 1997; 1 November 2018]
101. Anyone may examine Land Registers and request
references, excerpts, true copies and certificates therefrom.
102. Private individuals, except for the owner of an
immovable property and persons who have certain rights to an
immovable property, may examine corroboration journals, immovable
property folders and document books, as well as receive
references, excerpts, true copies and certificates therefrom only
with the permission of a judge.
[30 January 1997; 1 November 2018]
103. Officials of State and local government
authorities who require such examination for official matters may
examine Land Registers, corroboration journals, immovable
property folders and document books free of charge.
[13 March 1940]
104. The Land Registers, corroboration journals,
immovable property folder and document books may only be examined
in the presence of a district (city) court secretary or his or
her assistant or an office employee authorised for such purpose
by the secretary.
[1 November 2018]
105. In response to a request of State authorities and
officials (Section 108), .a district (city) court shall send all
kinds of information from the Land Registers, corroboration
journals, immovable property folders and document books free of
charge.
[13 March 1940; 1 November 2018]
Fees for Land
Register Files
106. The payment of the office and State fees shall be
taken for activities performed by district (city) courts in the
Land Register matters.
The amount of State fee to be paid for registration of
ownership rights and pledge rights in the Land Register and the
procedures for payment thereof, as well as exemptions from the
payment of the State fee shall be determined by the Cabinet.
[26 March 2009; 30 October 2014; 1 November 2018]
106.1 A non-certified document confirming
payments shall prove payment of the office and State fees, if the
relevant payment has been recognised as received in the State
budget in accordance with the laws and regulations regarding the
procedures by which payments shall be recognised as received in
the State budget.
A person shall indicate the following in a payment order of
the office fee:
1) the personal identity number or registration number of the
person requesting corroboration;
2) the cadastre number of immovable property or the number of
division of the Land Register.
An employee of the district (city) court shall recognise the
payment received in the State budget in accordance with the laws
and regulations regarding the procedures by which payments shall
be recognised as received in the State budget.
If a larger sum of office or State fee has been paid into the
State budget than that stipulated in laws and regulations, or if
a request for corroboration has been disregarded or left without
examination, the person requesting corroboration has the right to
lodge a submission to the relevant district (city) court for the
repayment of the office or State fee within three years from the
day when the office or State fee was received in the State
budget. The office or State fee shall be repaid from the funds of
the State budget on the basis of a decision of a judge.
[26 May 2011; 1 November 2018]
107. Office fees shall be collected in the following
amounts:
1) for the opening of a new division - EUR 30;
2) for the opening of a division of a residential property -
EUR 15;
3) for the corroboration of a new right - EUR 15;
4) for the changing of a corroboration and the entering of a
notation - EUR 8;
5) for the issuance of a Land Register certificate - EUR
8;
6) for the issuance of a certified computer printout of a
decision of a judge - EUR 5;
7) [11 August 2017 / See Paragraph 13 of Transitional
Provisions];
8) [11 August 2017 / See Paragraph 13 of Transitional
Provisions];
9) [11 August 2017 / See Paragraph 13 of Transitional
Provisions];
10) [11 August 2017 / See Paragraph 13 of Transitional
Provisions].
If, on the basis of one document, several corroborations have
to be made some of which should, according to their nature, be
paid in accordance with Paragraph one, Clause 3, but others - in
accordance with Clause 4 of this Section, then the office fee for
the corroboration of a new right shall be collected for all the
corroborations to be made on the basis of such document.
An office fee shall be transferred to the State basic
budget.
State security institutions, the State Audit Office, the
Prosecutor's Office, the State Revenue Service, the Office for
Prevention of Laundering of Proceeds Derived from Criminal
Activity, the Corruption Prevention and Combating Bureau, the
State Police and the Ministry of Foreign Affairs shall be
exempted from the payment of office fee for the corroboration,
changing or extinguishing of the notations referred to in Section
45 of this Law, and also for the receipt of information from the
State Unified Computerised Land Register in accordance with the
laws and regulations governing the introduction of international
sanctions and imposition of national sanctions.
In the case of covered bond emission, all corroborations which
are justified by alienation of cover assets in accordance with
the Covered Bonds Law (also in the case of a cross-border
programme), the office fees specified in Paragraph one of this
Section shall be applied, without exceeding the total amount of
processing fees of EUR 10 000.
If the request for corroboration and all the documents
necessary for corroboration are submitted electronically through
the special online form available on the website of the State
Unified Computerised Land Register or exchange of data between
information system, or official electronic address, the office
fee shall be paid in the amount of 90 per cent of the office fee
rate specified in Paragraph one, Clause 1, 2, 3 or 4 of this
Section.
[27 March 2003; 22 April 2004; 2 February 2006; 16 December
2010; 12 September 2013; 30 October 2014; 4 February 2016; 15
June 2021; 16 November 2021]
108.
[22 October 1998]
109.
[22 October 1998]
110. The provisions of Section 107 of this Law shall
also apply in relation to the books and folders stored in the
archives of a district (city) court, as well as the State Unified
Computerised Land Register.
[27 March 2003; 1 November 2018]
Chapter
Seven
Computerised Land Register
[22 October 1998]
Sub-chapter
One
General Provisions
111. This Chapter determines the procedures in
accordance with which immovable properties and the rights related
thereto shall be entered and corroborated in Land Registers in
computerised form. All the norms of the previous Chapters of this
Law shall apply to a computerised Land Register, except for
Section 11, Paragraph two; Section 14, Paragraph two, Sections
19, 20, 21, 32; Section 49, Paragraph two; Section 52; Section
54, Paragraph one; Sections 65, 78, 83; Section 84, Paragraph
one, Sections 87, 88, 91-96 and 101-105.
[27 March 2003]
112. A computerised Land Register shall be an
electronic data base in which Land Registers, corroboration
journals and alphabetical indices shall be stored on a long-term
basis without changes in the content thereof, ensuring the
representation of such data on a computer screen and in computer
printouts. The documents, which have been received in accordance
with the procedures provided for in Sections 56.1,
56.2, 56.3, and 56.4 of this Law
(electronic documents), and the documents, which have been
electronically obtained from the printed documents included in
the immovable property folder (acquired electronic documents),
are stored in the computerised Land Register.
[27 March 2003; 30 October 2014]
112.1 Electronic documents shall be handled
only electronically.
[30 October 2014]
112.2 An obtained electronic document shall
have the same legal effect as a printed document, from which it
was acquired.
An acquired electronic document shall be formed in conformity
with the requirements of the Archives Law after a request for
corroboration in printed form or a request has been received.
[30 October 2014]
113. The computerised Land Register data of district
(city) courts shall be combined in the State Unified Computerised
Land Register.
All district (city) courts shall keep a joint corroboration
journal in which requests for corroboration and applications
shall be entered on the day of the receipt thereof (Section
71).
Unified enumeration of Land Register divisions shall be
maintained in all district (city) courts. New division numbers
shall be assigned in chronological sequence, taking into account
the time when the relevant decision of a judge was taken.
[27 March 2003; 30 October 2014; 1 November 2018]
114. The State Unified Computerised Land Register shall
be the only computerised Land Register, which contains legally
recognised information.
The State unified computerised Land Register shall ensure:
1) the storage of data;
2) the security of data;
3) the conservation of data;
4) the invariability of data;
5) the preparation and storage of daily copies of the
database;
6) the preparation and storage of copies of daily amendments
of the database.
115. The only owner of the State Unified Computerised
Land Register and the software thereof shall be the State of
Latvia.
The holder of the State Unified Computerised Land Register
shall be the Court Administration.
Organisational and technical maintenance of the State Unified
Computerised Land Register shall be ensured by the Court
Administration.
The operations of the State Unified Computerised Land Register
shall be financed from the State basic budget.
[11 November 1999; 27 March 2003; 22 April 2004]
116. The task of the holder of the State Unified
Computerised Land Register shall be to technically ensure the
functioning of the Computerised Land Register in the State, to
provide the information specified in this Law, to perform
inspections of the technical quality of data and to ensure
collaboration with the information systems of other states.
117. District (city) courts shall use the electronic
data of the information systems of other states necessary for
their operation in order to verify the correctness of the data
submitted to them. If the data indicated in a request for
corroboration or the attached documents contradict the data
gathered electronically, a judge shall evaluate them in
accordance with Section 77, Clause 4.
[27 March 2003; 1 November 2018]
Sub-chapter
Two
Computerised Corroboration of a Right
118. A district (city) court shall maintain Land
Register divisions, a corroboration journal, and alphabetical
indices in electronic form according to the location and owner of
a property, as well as other information provided for in the
law.
[27 March 2003; 1 November 2018]
118.1 The Land Register shall maintain
information regarding such persons in the index of persons in
relation to whom the holder of the State Unified Computerised
Land Register has received a notification of a sworn bailiff, an
administrator of insolvency proceedings, a person directing the
proceedings or a tax authority on a recovery notation, a pledge
right notation, an insolvency notation or a notation entered in
accordance with Section 361 of the Criminal Procedure Law, and
also information of the Ministry of Foreign Affairs regarding
imposition of international sanctions or national sanctions on
the subject of sanctions, or a notification of a plaintiff on the
entering of a prohibition endorsement or endorsement regarding
the securing of a claim in the Land Register (submitter of the
notification). The abovementioned information shall also be
maintained in cases when the property rights to immovable
property have not been corroborated in the Land Register for a
person.
The following shall be indicated in the notification:
1) for a natural person - the given name, surname, personal
identity number, but for a legal person - the name and
registration number;
2) the issuing authority, date and number of such document on
which the notification is based;
3) the submitter of the notification and its official
electronic mail address, but if the submitter of the notification
does not use an official electronic mail address - his or her
electronic mail address.
Information regarding the notification referred to in
Paragraph one of this Section shall be deleted from the index of
persons:
1) by the holder of the State Unified Computerised Land
Register on the basis of the notification;
2) by the district (city) court if it has been indicated in a
request for corroboration on entering a notation in the Land
Register.
[26 May 2011; 30 October 2014; 4 February 2016; 1 November
2018; 13 June 2019]
119. The following shall be indicated in entries: for
natural persons - given name, surname, personal identity number;
for legal persons - name and identification number.
120.
[27 March 2003]
121. Forms of requests for corroboration shall be
approved by the Cabinet.
122. If the undivided shares in which a right is
possessed by each co-owner is not visible from the documents,
which are the basis of corroboration, it shall be indicated in a
request for corroboration that the co-owners possess the right in
equal undivided shares, and the undivided share shall be
indicated numerically.
123. After the examination of a request for
corroboration, a decision of a judge shall immediately be entered
in a computerised Land Register. The decision shall enter into
effect after the electronic confirmation (authorisation) of the
completeness and correctness of the entry in the computerised
Land Register.
A judge shall enter the decision by which the application
referred to in Section 71, Paragraph two of this Law has been
examined in the corroboration journal. The decision in the part
regarding corroboration of rights shall be entered in the unified
Land Register (Section 82) after it has entered into effect.
[30 October 2014; 13 June 2019 / The new wording of
Paragraph two shall come into force on 1 December 2019.
See Paragraph 21 of Transitional Provisions]
124. Corrections of corroborations after the
authorisation thereof shall not be allowed, except for cases
where the correction of mistakes does not cause any effects in
relation to the persons whose rights have been corroborated,
regarding which such person shall be informed. An entry shall be
corrected, without the taking of a new decision, and the
corrected entry shall substitute the previous entry, storing it
in a computerised Land Register.
125. If a request for corroboration or a part thereof
is disregarded, a district (city) court shall inform the
submitter of the request thereon within three days.
The notification to the submitter of the request for
corroboration shall be sent to the address indicated by him or
her. A person who has wrongly indicated his or her address or has
not notified regarding a change thereof may not use as
justification the fact that he or she has not received the
notification, which has been sent to him or her to the indicated
address. A notation regarding the sending of the notification
shall be entered in a corroboration journal.
[27 March 2003; 1 November 2018]
126. Residential properties shall be registered in the
same way as independent immovable property in accordance with the
procedures laid down in this Law.
126.1 Updating of a Land Register division
is the examination and clarification of entries in the division
in order to obtain up-to-date entries without changing the
content of the corroborated rights.
The up-to-date entries are entries on the current composition
of the immovable property, its owner, corroborated rights, as
well as the securities and restrictions of such rights.
[30 October 2014]
126.2 A Land Register division shall be
updated by examining a request for corroboration.
Divisions on which a request for corroboration has not been
submitted (planned updating) shall be updated according to a plan
approved by the Chief Judge of the district (city) court and
co-ordinated with the Minister for Justice. A special journal
number shall be assigned to the initial updating of the
division.
The Chief Judge of district (city) court may authorise an
assistant judge to perform planned updating of those Land
Register divisions the entries of which are not to be clarified,
as well as in cases when entries must be clarified in conformity
with Section 126.3, Paragraph one, Clauses 1 and 5 of
this Law.
[30 October 2014; 1 November 2018]
126.3 A Land Register division shall be
updated in conformity with the following conditions:
1) the cadastre number shall be indicated for immovable
property objects, if they are to be identified from the Cadastre
Information System and their area conforms to the entries in the
Land Register;
2) the owner and the current undivided share belonging thereto
shall be indicated in the second part of the division;
3) entries shall be clarified in accordance with the
requirements of Section 34, Paragraph two and Section 47,
Paragraph two of this Law;
4) an entry shall be reworded according to the amendments
made;
5) the up-to-date entries shall be separated.
After the completeness and accuracy of the entries in an
updated division of the Land Register is examined, electronic
certification (authorisation) of entries shall be performed. The
action in updating a division of the Land Register shall not be
subject to appeal.
The sequence, amount and priority of corroborated rights shall
be determined according to such entries, the right to which has
been corroborated and changed.
[30 October 2014]
126.4 After all parts of a Land Register
division are updated an extract from the immovable property
division shall be drawn up, including the following valid
up-to-date entries therein:
1) regarding the composition of the immovable property (Part
1, Section 1 of the division);
2) regarding the owner of the immovable property and the
security and restrictions of rights (Part 2, Sections 1 and 2 of
the division);
3) regarding encumbrances of the immovable property (Part 3,
Section 1 of the division);
4) regarding debts of the immovable property (Part 4, Section
1 of the division).
[30 October 2014]
Sub-chapter
Three
Evidence of Computerised Corroborations
127. A computerised Land Register statement is a Land
Register certificate in which a decision of a judge and other
entries and notations in effect indicated in an immovable
property division are repeated word for word. At the discretion
of the submitter of a request for corroboration, a Land Register
certificate, in which only the information regarding an immovable
property, the composition thereof and the relevant decision of a
judge is indicated, may be issued to him or her.
The decision of the judge shall be repeated word for word in
the certified computer printout of the decision of the judge.
The judge shall sign and place the seal on the Land Register
certificate and the certified computer printout of the decision
of the judge.
[30 October 2014; 1 November 2018]
128. Each applicant, when corroborating a new, not yet
corroborated right in a Land Register, as well as when changing
or partially extinguishing a previously corroborated right, may
receive a certified computer printout of the decision of the
judge if this is indicated in the request. At the discretion of
the applicant, when corroborating a new, not yet corroborated
property right in a Land Register, he or she may issued a Land
Register certificate, if this is indicated in the request.
[30 October 2014; 1 November 2018]
129. When corroborating a mortgage on the basis of a
judgment of a court (Section 1307 of the Civil Law) the following
shall be attached to a request for corroboration:
1) a writ of execution or a copy of a writ of execution
certified by a sworn bailiff and a true copy of the judgment
issued by the court,
2) an original statement subject to compulsory execution and a
true copy of a decision of a judge.
After the preparation of an electronic copy of the
aforementioned documents, such documents shall be issued to an
applicant for corroboration along with the relevant notation
regarding the preparation of the copy and a certified computer
printout of a decision of a judge.
[26 May 2011; 1 November 2018]
130. A corroboration shall be certified by a decision
of the judge (Section 123), as well as a certified computer
printout of a decision of a judge or a Land Register
certificate.
[30 October 2014; 1 November 2018]
131. A Land Register certificate and a certified
computer printout of a decision of a judge shall be prepared and
sent or issued only after payment of the fees due.
[1 November 2018]
Sub-chapter
Four
Information to be Issued from a Computerised Land Register
132. Everyone shall be allowed to examine divisions of
a computerised Land Register and to request an extract (Section
126.4) or true copy therefrom, using a direct
connection. Information may be requested by specifically
indicating the number of a division or the cadastre number of a
property or the name of a property, or the address of an object
in the composition of the property. An extract from a division
shall be available after updating all parts of the Land Register
division.
Such information may be received in district (city) courts or
it may be provided by the holder of the State Unified
Computerised Land Register. In both cases, enumeration of
information users shall be ensured.
Prior to the certification of such transactions, the object of
which are rights entered or to be entered in a Land Register, as
well as prior to the certification of a request for confirmation,
a notary has a duty to examine the relevant division of the State
Unified Computerised Land Register.
[27 March 2003; 30 October 2014; 1 November 2018]
133. Information from computerised Land Register
divisions may be received:
1) in electronic form;
2) in the form of an uncertified computer printout;
3) in the form of a certified computer printout.
[4 February 2016]
134. Only the owner of an immovable property and
persons who have certain rights to an immovable property (Section
1477 of the Civil Law) may examine a computerised corroboration
journal, immovable property folders and an index of persons, as
well as receive information from them.
The Cabinet shall determine the list of such State authorities
and officials to whom the holder of the State Unified
Computerised Land Register shall provide the information referred
to in Paragraph one of this Section for official needs, the
amount of information to be provided, as well as the procedures
for the provision of information.
For other persons the information referred to in Paragraph one
of this Section shall be provided with a permission of the Chief
Judge of the district (city) court if the abovementioned
information is necessary for the protection of infringed or
contested rights of such persons or their interests protected by
law.
[30 October 2014; 4 February 2016; 1 November 2018]
134.1 The district (city) court may forward
a request to the holder of the State Unified Computerised Land
Register for the issuance of such information which may be
provided in accordance with the procedures laid down in this Law
by the holder of the State Unified Computerised Land Register if
fulfilment of the request is not commensurable with the resources
at the disposal of the district (city) court, particularly taking
into account the level of extent of the request.
[4 February 2016; 1 November 2018]
135. The holder of the State Unified Computerised Land
Register shall regularly electronically notify in accordance with
the procedures stipulated by the Minister for Justice:
1) the State Land Service and local governments - regarding
each case of the recording and transition of an immovable
property and each case provided for in Section 62 of this
Law;
2) the State Land Service, if the decision of the judge to
disregard a request of the land owner has not been appealed in
accordance with the procedures laid down in the law - regarding
each case provided for in Section 56.4, Paragraph one,
Clauses 1 and 2 of this Law;
3) local governments - regarding each case of corroborating,
changing and extinguishing rental and lease rights;
4) the State Land Service and local governments - regarding
each case of corroborating, changing and extinguishing the right
of superficies;
5) the State Land Service - of each case when the servitude of
right of use of buildings and water and servitude of right of way
or the security of this right is deleted.
[30 October 2014; 10 November 2016; 1 November 2018; 11
October 2018]
136. Upon the substantiated request of State
authorities or officials, the holder of the State Unified
Computerised Land Register shall perform processing of the data
included in a computerised Land Register in order to issue such
data to these authorities and officials for official needs.
Transitional
Provisions
[22 October 1998]
1. A computerised Land Register shall replace previous Land
Registers, corroboration journals, immovable property folders and
alphabetical indices, preserving the data specified by the
law.
2. The entries of previous Land Registers shall be rewritten
in a computerised Land Register and the electronic certification
(authorisation) of the entries shall be performed after an
examination of the completeness and correctness thereof.
3. After the requirements referred to in Section 2 of the
Transitional Provisions have been fulfilled in relation to all
the Land Registers overseen by a Land Registry Office, the head
of the office shall take a decision to discontinue the keeping of
the Land Registers in the previous form and to take up the
handling thereof in computerised form.
Previous Land Registers, corroboration journals, originals of
decisions of Land Registry Office judges, immovable property
folders and alphabetical indices shall be stored in an
archive.
4. Until the establishment and implementation of the
computerised Land Register specified in Section 112 of this Law
in accordance with Clause 1-3 of the Transitional Provisions:
1) immovable property folders shall not be kept in electronic
form, but shall be handled in accordance with the provisions of
Section 26-28 of this Law;
2) when corroborating rights in a Land Register, an applicant
for corroboration shall be issued a Land Register certificate in
accordance with the provisions of Section 128 of this Law and
true copies or certified blueprints of the documents thereof,
which were the basis for corroboration, with a notation regarding
the issuance of the Land Register certificate;
3) the original of such document, which was the basis for a
decision regarding the corroboration of a right, shall be
attached to an immovable property folder in accordance with
Section 83 of this Law together with the request for
corroboration and an uncertified computer printout of the
decision of a judge.
5. The Minister for Justice shall determine the following with
his or her instruction:
1) the provisions regarding the establishment of a
computerised Land Register;
2) the procedures for the authorisation of Land Register
entries.
6. Until the establishment of the State Unified Computerised
Land Register, the computerised Land Registers maintained in Land
Registry Offices shall contain legally recognised
information.
7. Until the relevant amendments are made to laws regarding
the attachment on an immovable property in a Land Register
performed in accordance with the procedures of criminal
proceedings, on the basis of a decision of the performer of the
proceedings to impose an attachment on the property, a pledge
notation shall be entered if a possible property claim is ensured
with the attachment of the property, and a prohibition notation
shall be entered if a possible transition of property rights or a
confiscation of the property is ensured with the attachment of
the property.
[27 March 2003]
8. The second sentence of Section 61, Paragraph one, Clause 5,
and Section 61, Paragraph three of this Law shall come into force
on 1 September 2003.
[27 March 2003]
9. Section 3, Paragraph two, and Section 77, Clause 5, as well
as the new wording of Sections 10 and 30, which terminologically
clarifies administrative territories in relation to the
administrative territorial reform, shall come into force on 1
July 2009.
[26 March 2009]
10. Until the day of coming into force of the provisions
specified in Section 106, Paragraph two of this Law, but not
later than until 1 December 2009, the Cabinet Regulation No. 28
of 23 January 2001, Regulations Regarding the State Fee for the
Performance of Notary Activities and Registration of Ownership
Rights and Pledge Rights in the Land Register, shall be applied,
insofar as they are not contrary to this Law.
[26 March 2009]
11. Section 71.1, Section 72, Paragraph one,
sentence two, Section 76, Paragraph six and Section
118.1 of this Law shall come into force from 1 July
2011.
[26 May 2011]
12. A request for corroboration, which is justified by a
notarial deed drawn up by 30 April 2015, may be submitted in
accordance with the procedures laid down in Section 60, Paragraph
two of this Law.
[30 October 2014]
13. Amendments to Section 107, Paragraph one of this Law
regarding deletion of Clauses 7, 8, 9, and 10 shall come into
force after making the respective amendments to the regulatory
enactment regarding paid services provided by courts.
[30 October 2014]
14. The new wording of Section 41, Paragraph two, and
Paragraphs four and five, Section 56.4, Section 135,
Paragraph one, Clause 2, and also amendments to Section 62 of
this Law shall come into force on 1 January 2015.
[30 October 2014]
15. The subjects referred to in Section 56, Paragraph one of
this Law shall submit a request for corroboration, which has been
signed in accordance with the procedures laid down the laws and
regulations regarding electronic documents, starting from 1 May
2015. Until 30 April 2015, these subjects may submit a request
for corroboration, which has been signed in accordance with the
procedures laid down the laws and regulations regarding
electronic documents, in the cases when they are able to ensure
such procedures.
[30 October 2014]
16. Until the day of the coming into force of the Cabinet
regulations referred to in Section 134, Paragraph two of this
Law, but not later than until 31 December 2014, Cabinet
Regulation No. 139 of 20 March 2001, Procedures by which State
Institutions and Officials shall Obtain Information from the
State Unified Computerised Land Register, shall be applicable,
insofar as they are not in contradiction with this Law.
[30 October 2014]
17. The Cabinet shall assess the impact of differentiation of
the State fee specified in laws and regulations for the
corroboration of property rights in the Land Register on timely
corroboration of property rights in the Land Register and submit
a report thereon to the Saeima by 1 March 2016.
[30 October 2014]
18. Amendments to Section 71.1, Paragraph one,
Section 107, Paragraph four and the first sentence of Section
118.1, Paragraph one of this Law in relation to
information received from the Ministry of Foreign Affairs shall
come into force concurrently with the Law on International
Sanctions and National Sanctions of the Republic of Latvia.
[4 February 2016]
19. When examining a request for corroboration which has been
received after amendments to Section 17, Clause 1, Sub-clause "b"
of this Law have entered into force, a district (city) court
shall delete the encumbrances which do not conform to the
requirements of Section 17, Clause 1 of this Law, including those
restrictions of the right of use entered in the division of a
residential property which have been entered in accordance with
purchase contracts which are concluded in accordance with the law
On Privatisation of State and Local Government Residential Houses
and are related to the use of the share that is held jointly. The
notation of a district (city) court on the restriction of the
rights which is related to the recognition of the immovable
property as a cultural monument shall be deleted after the
software which ensures registration of such encumbrance in the
Cadastre Information System has been developed.
[11 October 2018; 13 June 2019 / See
Paragraph 21 of Transitional Provisions]
20. Amendments to Section 56.1, Paragraph three of
this Law regarding the submission of a request for corroboration
using the official electronic mail address shall come into force
on 1 January 2020.
[13 June 2019]
21. Amendments to Section 6, introductory paragraph of Section
56.4, Paragraph one, Section 76.1, Section
123, Paragraph two, and also Paragraph 19 of the Transitional
Provisions of this Law shall come into force on 1 December
2019.
[13 June 2019]
22. An owner shall submit the submission to the State Land
Service regarding the deletion of a building (structure) owned by
him or her on the basis of a document which confirms
non-existence of the building (structure) if the building
(structure) is not the only object of the immovable property and
the abovementioned document has been issued until 31 March 2020.
The State Land Service shall electronically send the submission
to the relevant district (city) court.
[10 June 2021]
23. The procedures referred to in Section 62.1 of
this Law by which a document file from the Construction
Information System is to be appended shall apply to the document
which has been issued by the building authority starting from 1
January 2020.
[10 June 2021]
24. The procedures referred to in Section 64, Paragraph two of
this Law by which a decision (document) file from the
Construction Information System certified with an electronic
stamp is to be submitted shall apply to the decision (document)
which has been issued by the building authority starting from 1
January 2020.
[10 June 2021]
25. Until the day when amendments to the Electronic Documents
Law come into force which determine that the electronic stamp
shall be used also as a detail of legal force of the electronic
document, the electronic document the author of which is the
building authority shall be valid without the signature of the
representative of the building authority if the document has been
certified with a qualified electronic stamp of the Construction
Information System (within the meaning of Article 3(27) of
Regulation (EU) No 910/2014 of the European Parliament and of the
Council of 23 July 2014 on electronic identification and trust
services for electronic transactions in the internal market and
repealing Directive 1999/93/EC).
[10 June 2021]
26. The Cabinet shall, by 1 July 2021, make amendments to
Regulation No. 1250 of 27 October 2009, Regulation Regarding
State Fee for Registering Ownership Rights and Pledge Rights in
the Land Register, and the State fee for the corroboration of the
ownership rights in the Land Register for each immovable property
shall be determined in the following amount:
1) for alienation of land property or land and building
property, or building property which includes a residential
building (including their functionally related buildings and
structures) from a natural person on the basis of a contract or a
court decision to approve the statement of auction, or a court
decision to corroborate the immovable property to the out-bidder,
co-owner, or creditor - 1.5 per cent of the value of the
immovable property (EUR);
2) for alienation of land and building property, or building
property which includes only a non-residential building or
non-residential buildings and their related engineering
structures from a natural person, on the basis of a contract or a
court decision to approve the statement of auction, or a court
decision to corroborate the immovable property to the out-bidder,
co-owner or creditor - 1.5 per cent of the value of the immovable
property (EUR);
3) for alienation of a residential property from a legal
person which performs commercial activity, on the basis of a
contract or a court decision to approve the statement of auction,
or on the basis of a court decision to corroborate the immovable
property to the out-bidder, co-owner or creditor - two per cent
of the value of the residential property (EUR).
[10 June 2021]
27. A local government shall be exempt from the office fee for
the corroboration of property right in the Land Register if it
obtains the right to the immovable property as a result of
re-organisation.
[16 November 2021]
28. The Cabinet shall, by 1 January 2022, make amendments to
Regulation No. 1250 of 27 October 2009, Regulation Regarding
State Fee for the Corroboration of Property Right and Pledge
Right in the Land Register, and shall determine that for each
immovable property the amount of the State fee for the
corroboration of property right does not exceed EUR 50 000.
[16 November 2021]
Translation © 2022 Valsts valodas centrs (State
Language Centre)