Land, Housing, and Registration Law
Land and housing rights
This domain tests the boundary between ownership, use rights, and registration. The Land Code classifies land by purpose and regulates ownership, lease, and servitudes. Agricultural land and certain categories face restrictions on transfer and change of use. Housing law recognises individual apartments and common shared property in multi-unit buildings; the notary must check the basis of the apartment right and the extent of common property.
Registration discipline
- The notary reconciles the title document with the cadastral record and the register of encumbrances.
- A lease or servitude that is registrable must be disclosed; an unregistered lease may not bind a buyer.
- A change of land use or subdivision may require state approval before the transaction.
- The notary verifies that the object is identifiable by cadastral number, address, and area.
Worked example. A seller offers a land plot subject to an unregistered five-year lease. The buyer intends to build. The notary refuses to certify until the lease is registered or terminated and disclosed. Analysis: registration gives the lease effect against third parties; certifying without disclosure would mislead the buyer and risk a dispute. The notary records the refusal and the missing document.
Traps. Confusing a land use right with ownership; ignoring the cadastral map; treating an unregistered lease as irrelevant; missing restrictions on agricultural land; assuming an apartment owner owns the whole building.