Government approves rules for correcting land registration errors
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Moldovan Government approved the Regulation on the Mode of Correcting Errors Made in the Process of Transferring Ownership over Land.
During the period of 1998-2000 a massive project on transferring agricultural lands in private property was implemented. However, in the wake of its implementation thousands of errors were later identified (according to bizlaw.md there were more than 300 thousand errors found).
In July 2018 Parliament passed an amendment into the Law on Real Estate Cadastre which set forth a general provision on correcting the aforementioned errors. Four types of errors were specified:
– measurement errors;
– design errors (errors made in the process of developing land arrangement plans);
– identification errors (relating to inconsistencies between identification documents of land owners and land titles);
– nonconformities (in cases when cadastral documents did not comply with all relevant legal provisions).
In October this year the Government approved a detailed regulation on the procedures for correcting the errors made.
Initiation of works
The correction works shall be initiated by local councils. They have to come up with the information on the amount and type of errors that have to be corrected and relevant plans of land lots that will be corrected.
In cases where the corrections may influence the ownership rights (for example, if the corrections will change the borders between the land lots), before launching correction works the local councils will have to ensure that the owners’ consent is obtained.
After having completed the substantial works, the local authorities will have to hold public consultations during which complaints can be submitted with respect to the corrections proposed. The complaints will be considered by a special commission (the government is yet to approve the regulation for the activity of the commission). The decisions of the commission can be contested to the Agency of Public Services or other authorized body that arranged the correction works.
The reports on the correction works will have to be approved by the Agency for Public Services. After that, local councils will be able to take decisions that will serve as the basis for modifications to be introduced in the cadastre and real estate register.
* to learn more about land registration in Moldova, contact us.