LAW on the cadastre and on real-estate publicity

no.7 of 1996

Title
General regime of the cadastre

CHAPTER I
General provisions

Art. 1. - The general cadastre is the unitary and compulsory system of technical, economic, and legal record by which the identification, registration, representation on cadastral maps and plans of all land, as well as of other immovables from the country's whole territory shall be achieved, regardless of their purpose and owner.
            The basic entities of this system shall be the plot, the construction, and the owner.

By real estate, in the sense of the present law, shall be understood the plot of land, with or without constructions.

Art. 2. - The general cadastre shall be organized at the level of each territorial-administrative unit - commune, town, municipality, county - , and at the level of the whole country.
            Through the general-cadastre system there shall be achieved:
            a) identification, registration, and description in cadastral documents of land and other immovables by nature, their measurement and representation on cadastral maps and plans, as well as the data storage on information supports;
            b) assembling and integration of data supplied by specialized cadastres;
            c) identification and registration of all owners and other legal holders of land and other immovables, in order to ensure the publicity and opposability of their rights against third parties;
            d) supply of data necessary to the system of taxes and duties for the correct establishment of tax-payers' fiscal obligations.

Art. 3. - At the date the present law comes into force, the National Office of Cadastre, Geodesy, and Cartography shall be set up as a public institution with legal personality, subordinated to the Government.
            In each county and in the Municipality of Bucuresti there shall be organized offices of cadastre, geodesy, and cartography, functioning as public institutions with legal personality, subordinated to the National Office of Cadastre, Geodesy, and Cartography.
            Under the subordination of the National Office of Cadastre, Geodesy, and Cartography there shall be set up the Institute of Geodesy, Photogrammetry, Cartography, and Cadastre, as a public institution with legal personality.
            Organization and operation of the National Office of Cadastre, Geodesy, and Cartography, of the units in its subordination, and of the Institute of Geodesy, Photogrammetry, Cartography, and Cadastre shall be approved by the Government within 60 days after the date the present law comes into force.

Art. 4. - The ministries, other central State institutions, self-managed public companies and other juristic persons shall organize specialized cadastres in the domains of agriculture, forestry, waters, industry, extractive industry, real estate and urbanism, road, railway, naval, air tourism, built-up and natural protected zones, those having a high risk of natural calamities, or subject to pollution and degradation, and others.
            The specialized cadastres shall be systematic inventory and record subsystems of immovables from the technical and economic point of view, with observance of the technical norms elaborated by the National Office of Cadastre, Geodesy, and Cartography, and of the basic data from the general cadastre with regard to area, utilization class, and owner.
            Depending on their specific field of activity, the titulars of the cadastres provided under paragraph 1 shall carry out geodetic, topographic, photogrammetric, cartographic, and other works to meet their own needs. The titulars of specialized cadastres, except the Ministry of National Defence, the Ministry of the Interior, and the Romanian Intelligence Service, shall put, free of charge, at the disposal of the National Office of Cadastre, Geodesy, and Cartography the data requested for the elaboration and updating of the cadastre.

 

CHAPTER II
Organization or cadastral activity

 

Art. 5. - The National Office of Cadastre, Geodesy, and Cartography shall have the following duties and powers:
            a) to organize, manage, direct, and control the execution of geodetic, topographic, photogrammetric, teledetective, cadastral, and cartographic works at the level of the whole country;
            b) to elaborate norms, to promote specialized techniques, procedures, and methodologies in keeping with the technical and scientific advances in the cadastral domain;
            c) to license natural and juristic persons capable of carrying out technical cadastral works;
            d) to organize the national geodetic and cartographic fund as well as the data bank of the unitary cadastral system;
            e) to ensure the execution, completion, modernization, and maintenance in usable condition of the national geodetic network, under the terms of law and in cooperation with the Ministry of National Defence;
            f) to advise the topographic content of maps, plans, atlases, guide books, and of other cartographic documents necessary for public use;
            g) to put at the disposal of public authorities and other interested institutions, under the terms of law, synthetic statistical statements with regard to land and constructions;
            h) to carry out the tasks resulting from international commitments in its field of activity.

Art. 6. - The county offices of cadastre, geodesy, and cartography shall achieve the duties and powers provided under Article 5, subparagraphs a), f), and g) of the present law, at the level of territorial-administrative units.
            The taking over of technical cadastral works carried out by licensed natural and legal persons under the terms of Article 5, subparagraph c) shall be achieved by the county offices of cadastre, geodesy, and cartography.
            The database of the cadastre shall be organized and function within the framework of the county offices of cadastre, geodesy, and cartography.

Art. 7. - The Ministry of National Defence, the Ministry of the Interior, and the Romanian Intelligence Service shall, by their own means, carry out cadastral, geodetic, gravimetric, topographic, photogrammetric, and cartographic works necessary for the country's defence and the keeping of public order, as well as for some of their own needs, according to the technical norms of the National Office of Cadastre, Geodesy, and Cartography.

Art. 8. - Geodetic and cartographic data of interest for the country's defence and public order shall be kept by the Ministry of National Defence, the Ministry of the Interior, and the Romanian Intelligence Service, as the case may be.

Art. 9. - The activity of the National Office of Cadastre, Geodesy, and Cartography, of the institutions in its subordination, and of the specialized cadastres of ministries and other central State institutions shall be financed from the State budget. The financing of the specialized cadastres of self-managed public companies, trading companies, and other legal persons shall be achieved by their own financial means.

 

CHAPTERIII
Achievement, maintenance, and advising of cadastral works

 

Art. 10. - The technical function of the general cadastre shall be achieved by determining, on the basis of surveys, the position, configuration, and dimension of land areas by purposes, utilization classes, and owners, as well as of constructions.
            As regards the economic function of the general cadastre, there shall be specified the purpose, utilization classes of plots, as well as the elements necessary for establishing the economic value of immovables.
            The juridical function of the general cadastre shall be achieved by identification of the owner, on the basis of the property deed and by real-estate publicity.

Art. 11. - At the level of the territorial-administrative units - commune, town, and municipality - the technical cadastral works shall consist of:
            a) establishment, according to the law, and marking on ground, by landmarks, of the boundaries of the respective territorial-administrative unit;
            b) marking on ground, by landmarks, of the limit of the localities' built-up area, according to the law;
            c) identification of immovables on the basis of property deeds, or, in their absence, on the basis of possession exercised under the owner's name; survey of all lanj plots within each territorial-administrative unit, specifying their purpose, utilization class, and owner or possessor, as the case may be. As regards the land occupied by constructions, yards, as well as land for other purposes, situated within or outside the built-up area, there shall be specified the land utilization classes, its zoning within the locality, respectively its division by quality classes, on the basis of data supplied by specialized cadastres;
            d) registration of boundary litigations, in case of misunderstandings between neighbouring owners and/or possessors;
            e) surveys for the achievement and updating of cadastral plans.
            Delimitation and marking of the administrative boundaries of communes, towns, and municipalities, as well as the limits of the localities' buildable area shall be made, according to the law, by the commission established for this purpose by an order of the prefect. The commission shall be composed of the mayor, the secretary of local council, the delegate of the county office of cadastre, geodesy, and cartography, and the delegate of the general directorate for territorial and urbanistic planning, as the case may be.

Art. 12. - The principal technical documents of the general cadastre to be drawn up at the level of communes, towns, and municipalities shall include:
            a) cadastral register of land plots;
            b) alphabetic index of owners and their domicile;
            c) cadastral register of owners;
            d) register of property bodies;
            e) centralized record card, the cadastral parcel by owners and by utilization classes;
            f) cadastral plan.
            Holders of immovables shall compulsorily allow the specialists' access for the execution of cadastral works, admit, under the terms of law, the location of geodetic signs and signals on ground or constructions, and ensure their protection zones.
            The database may also be drafted and archived in form of recordings on supports accessible to automatic data processing equipment, with an equivalent juridical effect.
            The mayors of localities shall have the obligation to provide the cadastral delegates with offices, accommodation against cost, support for the seasonal hiring of auxiliary personnel to carry out surveys on the spot, and to inform the owners of immovables, by bill stickings or other publicity means, to allow the specialists' access for the execution of cadastral works, or, as the case may be, to present themselves personally or by authorized agents in order to give explanations as regards the identification and marking of property limits. If the owners or their authorized agents fail to present themselves, the identification and marking of limits may be made in their absence, too.
            After finalizing the works on the spot, the data obtained for each territorial-administrative unit shall be processed, recorded in the technical documents of the cadastre, and introduced in the cadastral database. The defining data on each plot shall be made known to the owners.
            Contestations with regard to the accuracy of data communicated may be presented by owners in writing, within 60 days after communication, to the county office of cadastre, geodesy, and cartography. Persons discontented with the manner in which the county office of cadastre, geodesy, and cartography settles the contestations may lodge a complaint with the competent court of law, according to the law.

Art. 13. - Cadastral plan shall contain the graphical representation of data in the cadastral registers with reference to the land and constructions within the framework of territorial-administrative units - communes, towns, and municipalities -, and shall be kept at the county office of cadastre, geodesy, and cartography.
            Cadastral plans and registers shall stand at the basis of the completion or drawing up, as the case may be, of the record on real-estate publicity. A copy of these documents shall be kept at the bureau of land book.
            Cadastral registers and plans shall be continuously updated, in agreement with the situation on the spot, on the basis of the applications and communications made according to the law, as well as by upkeeping cadastral works with a periodicity of 6 years at the most, when the entire administrative territory shall be compulsorily surveyed, confronting the contents of cadastral registers and plans with the real situation on the spot, and recording all the modifying elements.
            Pedological studies required for the elaboration of the economic side of specialized cadastre shall be updated with a periodicity of 10 years, and the agrochemical ones, with a periodicity of 4 years. On land plots where land improvement works have been carried out, or soil pollution or degradation processes have taken place, the update may be carried out whenever necessary.
            Updating of the specialized cadastres provided under the present law shall be made according to the specific character of each separate domain.

Art. 14. - The economic value of immovables shall be evidenced within the framework of the economic function of the general cadastre, pursuant to the law.
            The National Office of Cadastre, Geodesy, and Cartography and the county offices in its subordination, as well as the titulars of specialized cadastres shall have the obligation to supply the Ministry of Finance's bodies with the necessary records for levying taxes on tax-payers.

Art. 15. - Completion, modernization, and maintenance in usable condition of the national geodetic network required for the drawing up and updating of cadastral plans and topographical maps shall be achieved by specialized units, coordinated by the National Office of Cadastre, Geodesy, and Cartography.

Art. 16. - In general cadastral works, the land shall be classified from the point of view of its purpose and utilization class, according to legal provisions.

Art. 17. - The county office of cadastre, geodesy, and cartography shall be empowered to carry out, directly or by authorized persons, technical works regarding amalgamations, plottings, land exchanges, and boundary rectifications between territorial-administrative units, others than those established in the competence of the offices of agricultural cadastre and agricultural territorial organization by the Law on the land resources No. 18/199 1.
            Their specification in cadastral registers and plans shall be achieved by the county office of cadastre, geodesy, and cartography.

Art. 18. - Specialized units or economic agents, as the case may be, holding or carrying out for their own needs topographical plans utilizable for general cadastral works, too, shall be obliged to hold, free of charge, at the disposal of the county offices of cadastre, geodesy, and cartography, copies of them or the original plans, as the case may be, for a determined period of time.

Art. 19. - The manner of advising and taking over of the general cadastral works shall be established by the National Office of Cadastre, Geodesy, and Cartography.

 

Title II
Real-estate publicity

 

CHAPTER I
Cadastral-juridical record

 

Art. 20. - Real-estate publicity based on the generalcadastre record system shall have as object the inscription in the land book of the juridical acts and deeds referring to the buildings from the same locality. It shall be carried out by the land-book bureaux of the lawcourts for the buildings situated in their territorial activity area.
            One or more joint buildings from a locality's territory belonging to the same owner shall form a property body and it shall be inscribed in the land book.
            Several property bodies from the same locality's territory belonging to a single owner shall form his/her cadastral parcel and it shall be inscribed in the same land book.
            Land books drawn up and numbered on the administrative territory of each locality shall form, together, the cadastral register of real-estate publicity of this territory, and it shall be kept by the land-book bureau of the lawcourt in whose territorial activity area the respective property is situated.
            This register shall be completed with a special entry register, with the buildings identification plan, with the buildings catalogue, indicating the cadastral number of plots and the running number of the land books in which they are inscribed, with an alphabetic index of owners and with a folder in which the inscribing applications shall be kept, together with a copy of documents ascertaining the juridical acts or deeds submitted to inscription.

Art. 21. - The land book shall be formed of a title, indicating its number and the name of the locality in which the building is situated, as well as of three parts:
            A. Part I, referring to the description of buildings, which shall include:
            a) running number and cadastral one of each building;
            b) area of land, the utilization class, and, if such be the case, the constructions;
            c) location and vicinities;
            d) taxable value.
            B. Part II, referring to inscriptions on the property right, which shall include:
            a) owner's name;
            b) juridical act or deed constituting the title of the property right, as well as a mention of the document on which this right is founded;
            c) property transfers;
            d) easements constituted in favour of the building;
            e) juridical deeds, personal rights, or other juridical relationships, as well as actions regarding the property;
            f) any modifications, rectifications, or notifications that would be made with regard to inscriptions in the title, in part I or part II of the land book.
            C. Part III, referring to inscriptions on divisions of the property right and charges, which shall include:
            a) trust, usufruct, use, utilization, habitation rights, servitudes to the charge of the subdued fund, mortgage and real-estate privileges, as well as the tenancy and assignment of revenue for a period of more than 3 years;
            b) juridical facts, personal rights, or other juridical relationships, as well as actions regarding the real rights inscribed in this part;
            c) the distraint, the prosecution of the building or its revenue;
            d) any modifications, rectifications, or notifications that would be made with regard to inscriptions effected in this part.
            Data from the land book may also be rendered and archived in form of recordings on microfilms and on supports accessible to automatic data processing equipment. These shall have the same juridical effects and equivalent probative force as the documents on the basis of which they have been rendered.

Art. 22. - The property right and other real rights on a building shall be inscribed in the land book on the basis of the deed by which they have been constituted or validly transferred.
            The striking off of inscription on property right and other real rights shall be made on the grounds of the deed expressing the titular's assent to their extinguishment, except the rights that are extinguished on reaching the term mentioned in inscription or the life-estate rights that are extinguished by the death of the life tenant.
            The final and irrevocable judicial judgment or, in cases expressly provided by law, the administrative authority's decision shall replace the deed provided under paragraphs 1 and 2.

Art. 23. - Modification of content of a right that burdens a real real-estate right shall be inscribed, if the law does not provide otherwise, according to the rules established for acquisition and extinguishment of real rights.

Art. 24. - Inscription of a right shall be made only:
            a) against the person who, at the registration of his/her application, was inscribed as the titular of the right on which the inscription is to be made;
            b) against the person who, before being inscribed, burdened his/her right, if both inscriptions are requested simultaneously.

Art. 25. - If several persons have successively surrendered one another the real right on a building, and the inscriptions have not been made, the last justified person may be entitled to request the inscription of successive acquisitions simultaneously with that of his/her own right, proving by original documents the whole succession of juridical acts on which the inscriptions are grounded.

Art. 26. - Inscriptions grounded on the obligations of a demised person may also be made after the heir's right has been inscribed, to the extent in which it shall be proved that the heir is held by these obligations.

Art. 27. - Inscriptions in the land book shall become opposable to third parties after the date of the registration of application.
            The registration order of application shall determine the inscription rank.

Art. 28. - The property right and the other real rights are opposable against third parties, without inscription in the land book, when they derive from succession, accession, forced sale, and usucaption. These rights shall be inscribed beforehand, if the titular means to dispose of them.
            Under the same conditions there shall also be opposable against third parties the real rights obtained by State and by any other person by effect of law, by expropriation, or by court judgments.

Art. 29. - Any person who shall have transmitted or constituted, to another person s benefit, a real right on a building, shall be obliged to hand over the constitutive or translative document of the right, in order to be inscribed in the land book, if that document is in his/her possession, and if it is the only proving copy, except the case when the inscription has been carried out ex officio.
            In case the person compelled refuses to hand over the document, the judicial instance shall be requested to dispose the inscription.

Art. 30. - The previous acquirer may request the judicial instance to grant to his/her inscription a preferential rank against the inscription effected at a third party's request, that would have subsequently acquired the building for free, or should have been mala fide at the date when the act was concluded.

Art. 31. - The provisional inscription in the land book shall be made in case of acquiring certain rights affected by a suspensive condition, or if the court judgment on which it rests is not final and irrevocable.

Art. 32. - The provisional inscription shall become opposable to third parties with the rank determined by the application of inscription, under the condition and to the extent of its justification.
            The justification of a provisional inscription shall extend its effect over all inscriptions made under condition of its justification; failure to justify a provisional inscription shall entail, at the request of the interested person, its striking off as well as that of all inscriptions made under condition of its justification.

Art. 33. - If a real right has been inscribed in the land book, under the terms of the present law, to the benefit of a person, it shall be presumed that the right exists to his/her benefit, if it has been obtained or constituted bona fide, as long as the contrary is not proved.
            If a right has been struck off from the land book, it shall be presumed that the respective right has not existed.

Art. 34. - The content of land books shall be considered exact, to the benefit of the person having acquired a real right by a juridical act, with certain obligations, if at the moment of the right's acquisition no action has been inscribed in the land book, contesting its content, or if it has not known this inaccuracy in another way.

Art. 35. - In case the content of the land book should not correspond with the real juridical situation as regards the inscription, its rectification may be requested.
            By rectification there shall be understood the striking off, the correction, or mentioning of the inscription of any operation susceptible of forming the object of an inscription in the land book.

Art. 36. - Any interested person may request the rectification of inscriptions in the land book, if, by a final and irrevocable court judgment, it has been found that:
            1. the inscription or deed on the ground of which the inscription has been effected has not been valid;
            2. the right inscribed has been wrongly qualified;
            3. the conditions for the existence of the right inscribed are no longer met, or the effects of the juridical deed on whose ground the inscription has been made have ceased;
            4. the inscription in the land book no longer agrees with the present real situation of the building.

Art. 37. - The rectifying action, on condition of the prescription of material right to the action in substance, shall be imprescriptible.
            Against third parties having acquired bona fide a real right by donation or legacy, the rectifying action may be started only within 10 years, calculated from the day when their application for inscription was registered, except the case when the material right to the action in substance had not been previously prescribed.

Art. 38. - The rectifying action, based on the provisions under Article 36, items 1-4, shall produce its effects against third parties that would have inscribed some real right, acquired bona fide and by a juridical deed, with certain obligations, founded on the content of the land book.
            The term shall be of 3 years, calculated from the registration date of the application for inscribing the right whose rectification is requested.

Art. 39. - The decision by which the rectification of an inscription has been admitted shall not be opposable to persons against whom the action has not been admitted.
            If the rectifying action has been inscribed in the land book, the court judgment shall also be opposable to third parties who have acquired the right after inscription.

Art. 40. - The juridical deeds and facts with regard to personal rights, to the state and capacity of persons in connection with the buildings included in the land book, may be inscribed on request, with an informative effect for third parties.

Art. 41. - The owner of a building may request that his/her intention to alienate or to mortgage be inscribed, in the latter case showing the amount that is to be guaranteed by mortgage.
            If the alienation or mortgaging is achieved, the right inscribed shall have the rank of the inscription of intention.

Art. 42. - The inscription of the intention to alienate or to mortgage shall kse its effect by the passage of a term of two months after the date when the registration of application has been effected.The year, month, and day when the inscription loses its effect shall be mentioned both in the inscription and in the interlocutory judgment having ordered it.

Art. 43. - Any interested person shall be permitted to examine the land book and other records forming the cadastral real-estate publicity register, except records concerning national security.
            On request, extracts, certificates, or authenticated copies of the land books shall be issued on payment of legal fees.
            No authority shall be allowed to request the sending of the land-book original or of the identification plans of buildings.
            The folder of the documents regarding the inscription attacked may be requested by the judicial instance.

Art. 44. - The body of properties constituted by the inscriptions in the land book may be modified by accessions, if several land plots are joined into a single body, or if a new land plot is added to a property body, or the area of a land plot is increased.
            Likewise, a property body shall be also modified by detachments, if a land plot is separated from a body, or the area of a land plot is diminished. The detachment of a land plot, or of a part of a land plot belonging to a property body, shall be made together with the charges burdening it. The land plot burdened with charges shall not be attached to another property body, but it shall form, in case of detachment, a separate property body.

Art. 45. - In case of accession or detachment, there shall be effected transcriptions, if a land plot passes from a land book into another, or re-inscriptions, if, by detachment of a land plot, it shall pass in the same land book as an autonomous property body or as a land plot of another property body.
            If a part of a land plot is transcribed into another land book, the remainder shall be inscribed in the old land book, mentioning the new number and the area, and if all the land plots inscribed in a land book were transcribed, this shall be closed and shall not be opened again for new inscriptions.

Art. 46. - In case of a common or divisible real-estate property, all owners shall be inscribed in the same land book. As regards the undivided property, each joint owner's share shall be indicated.

Art. 47. - If a construction constitutes the object of a property by floors or flats, a collective land book shall be set up for the whole construction, and an individual land book for each floor or flat having different owners.
            The building shall be mentioned in the collective land book by a number of land plots undivided into fractions. In the individual land books, each floor or flat shall be mentioned by a fractional number whose numerator shall be the plot number specified in the collective land book and the denominator shall be the number of floor or flat, as the case may be.
            Inscriptions regarding the whole building shall be made in both land books.

Art. 48. - Buildings belonging to State's private domain and public domain, or to the territorial-administrative unit, as the case may be, shall be inscribed in the special publicity register of the territorial-administrative unit in which they are situated.

The publicity registers shall be kept by the land-book bureau of the court of first instance.

 

CHAPTER II
Procedure of inscribing in the land book

 

Art. 49. - The application for inscribingin the land book shall be registered at the land-book bureau of the court of first instance, and shall be accompanied by the original document or an authenticated copy from it, ascertaining the juridical act of fact whose inscription is requested. The authenticated copy shall be kept in the folder of the land-book bureau.
            In the case of a court judgment, an authenticated copy shall be presented, with the mention that it is final and irrevocable.
            The inscribing applications shall be registered fortwith in the entry register, mentioning the date and number resulting from the chronological order of their forwarding.
            If several applications have been forwarded at the same time at the same land-book bureau, the mortgage rights and the privileges shall have the same rank, and the other rights shall receive only provisionally and equal rank, until it shall be decided by trial on the rank and on the striking off of the invalid interlocutory judgment.

Art. 50. - In case the judge from the land-book bureau admits the application, he/she shall dispose the inscription by an interlocutory judgment, if the document complies with the following conditions:
            a) validity requirements of the juridical act;
            b) it has a full proving power;
            c) it indicates the parties' names;
            d) it identifies the building with the land-plot number;
            e) it is accompanied by an authenticated translation, if it is not drawn up in Romanian.
            The interlocutory judgment shall include the determination of the right or fact, the indication of the land-plot and land-book number, as well as of the land-book part in which the inscription is to be made.
            In case the cadastral identification of the land plot should not be possible on the basis of existing data, sketch plans endorsed by the couny office of cadastre, geodesy, and cartography shall be used.

Art. 51. - If it should be found that the application for inscribing in the land book fails to meet the legal conditions, it shall be rejected by a motivated interlocutory judgment. A mention on the rejection of the application shall be made in the entry register, on the same line with its registration.
            The provisions under the previous paragraph shall also apply in the case of striking-off applications.

Art. 52. - The interlocutory judgment shall be communicated to the person having applied for the inscription or striking off of a juridical fact or deed, as well as to other interested persons, according to the mentions from the land book regarding the building in question, within 20 days after the deliverance of the interlocutory judgment, but not later than 60 days from the date when the registration of the application was effected.
            The interlocutory judgment shall be submitted to the ordinary ways of appeal; the appeal application shall be lodged with the land-book bureau, and shall be inscribed in the land book.
            In case there are also declared recourse proceedings, the respective inscribing application shall be communicated to the land-book bureau for inscription.
            The final and irrevocable court judgment shall be communicated, ex officio, to the land-book bureau, by the law-court which has been the last to give its opinion on the substance.

Art. 53. - The inscriptions and erasures effected in the land books shall be rectified only on the basis of the judgment of the judicial instance which has remained final and irrevocable.
            The provisions under Article 52 shall apply correspondingly.

Art. 54. - In case a land book is to be drawn up or completed by the inscription of a building that has not been comprised in any other land book, as well as in case a land book has been destroyed, lost, or totally or partly rendered unusable, from various reasons, the drawing up, completion, and reconstitution, as the case may be, shall be made by the judge from the land-book bureau, on request or ex officio, with the agreement of the interested parties, on the basis of an interlocutory judgment. To this end, there shall be used all documents regarding the buildings in question for the identification of the land plots and areas, as well as the situation of the property right, the sketch plan, findings on the spot, or recordings from microfilms and on supports accesible to equipment for automatic data processing, as the case may be.
            The interlocutory judgment may be challenged, as the case may be, under the conditions of Article 52, paragraph 2.

Art. 55. - Material errors committed on the occasion of the inscriptions or erasures may be rectified by a motivated interlocutory judgment, by the judge from the land-book bureau, on request or ex officio, with or without summoning the parties. This interlocutory judgment shall be communicated to the party that has not been present.

In this case, the provisions under Articles 38-40 shall be applied by similitude.

Art. 56. - The notary public having drawn up a deed by which a real real-estate right is transmitted, modified, constituted, or extinguished shall be obliged to request, ex officio, the inscription in the land book. To this end, the application for inscribing this deed shall be sent on the day when it was drawn up or on the next day at the latest, at the land-book bureau of the court of first instance in whose activity area the building is situated, except the case in which the interested party should have reserved the right to make the necessary promptings for inscription.
            The judicial instance shall transmit, within 3 days, the decision that has remained final and irrevocable, constitutive or declarative on a real real-estate right, at the land-book bureau of the court of first instance in whose activity area the building is situated.
            The court of first instance shall not pass to the debate in substance of the action concerning the invalidation of the juridical deed submitted to the inscription, if it has not been previously inscribed for information in the land book

Art. 57. - The Ministry of Justice shall organize, coordinate, and control the publicity activity of the landbook bureaux of the lawcourts, by a specialized department.

 

Title III
Transitory provisions, sanctions and final provisions

CHAPTER I
Transitory provisions

 

Art. 58. - Inscriptions made in keeping with normative acts in force in the transcriptions and inscriptions register, in the land books and in the real-estate publicity books before the coming into force of the present law shall produce the prevised effects after this date, too, except the cases when the property rights and the other real rights have been in any way affected by the effect of the law.
            All record and real-estate publicity documents shall be taken over and preserved by the land-book bureaux of the lawcourts in whose activity area the buildings are situated, within 180 days from the date the present law comes into force.
            The real-estate distraint shall also observe the provisions of the Civil Procedure Code for the distraint acts begun according to the Law LX of 1881, with the modifications brought by the Law No. 54 of 1912.

Art. 59. - The juridical act regarding the constitution or transmission of a valid real-estate right, concluded previously to the coming into force of the present law, not transcribed into the transcriptions and inscriptions register, or, as the case may be, not inscribed in the land book, shall produce its effects at the date of its inscription in the land book, according to the legal regime at the date of its conclusion. The act under private signature, validly concluded, shall be taken into consideration if it has a doubtless date previous to the coming into force of the Law on the land resources No. 18/1991.

Art. 60. - Legal actions taken on the grounds of Articles 22, 23, 27, 28, and 34-40 under the Decree-Law No.115/April 27, 1938 on the unification of previsions regarding land books, being in course of trying at the date of coming into force of the present law, shall be settled according to the above-mentioned legal previsions. Final court judgments, by which these legal actions have been admitted, shall be inscribed in the land book.

Art. 61. - Juridical deeds and facts regarding land and constructions situated in an administrative territory for which the documents of the generale cadastre have not been finalized shall be inscribed with a non-final character, in a land book each, the final inscription having to be effected at the application of the general cadastre on that territory, too. Under the same conditions, there shall also be inscribed the property titles issued on the basis of the Law on the land resources No. 18/199 1.             At the inscribing application it shall be attached the sketch plan of the land or construction to which the inscription refers, drawn up by a technical specialist authorized by the county office of cadastre, geodesy, and cartography. The sketch plan shall include the configuration of land plots or of the constructions, areas, utilization clases, qualitative characteristics of land, elements for the specification of the place where the building is situated, drawing up date and name of the person having drawn up the sketch.
            Cadastral surveys carried out within the framework of the actions for applying the Law on the land resources No. 18/199 1 and pointed out as such in the cadastral documents and in the property titles shall be taken over as final data of cadastre for the respective administrative territory, if they correspond with the cadastre methodological norms elaborated by the National Office of Cadastre, Geodesy, and Cartography.
            Technical cadastral works shall stand at the basis of the deliverance of property titles issued on the ground of the Law on the land resources No. 18/1991, where these have not been drawn up and handed over.

Art. 62. - The mode of inscribing in cadastral records the immovables belonging to the Ministry of National Defence, the Ministry of the Interior, and the Romanian Intelligence Service shall be established by the National Office of Cadastre, Geodesy, and Cartography, together with these bodies.

Art. 63. - If some differences shall be found between the areas inscribed in the property deeds and the real situation on the spot, resulting from surveys carried out for the drawing up of the general cadastre, the local councils shall inform the interested owners.
            The excess or default of land from the same territorial-administrative unit shall be compensated between the owners in question.
            The excess or default of land shall be established by the authorized persons carrying out the surveys and shall be communicated to those in question and to the mayors.

Art. 64. - Any misunderstandings regarding the identification and surveying of land plots, as well as regarding their owners shall be ruled by the judicial instances.

Art. 65. - Until the coming into force of the present law, the Ministry of Justice shall draw up the organization and operation rules of the land-book bureaux attached to the courts of law.

 

CHAPTER II
Sanctions

 

Art. 66. - The following facts shall constitute contraventions, if not committed under such conditions that, according to the criminal law, they shall constitute offences:
            a) the use in official documents of other data with regard to owners, land, or constructions other than those inscribed in cadastral documents;
            b) the refusal of the owners of buildings to allow access to the specialized personnel for executing cadastral, geodetic, topographical, and photogrammetric works;
            c) the refusal to put at the cadastral bodies' disposal the topographical base and other data, as well as the documents necessary to cadastral works by those who hold them, except the Ministry of National Defence, the Ministry of the Interior, the Romanian Intelligence Service, the Foreign Intelligence Service, and the Protection and Watch Service;
            d) the publication or spreading of cartographic materials of any kind, without the advice of the National Office of Cadastre, Geodesy, and Cartography and of the interested ministries, carrying out specializckl cadastral works.
            The facts provided under sebparagraphs a) and b) shall be sanctioned with a fine from 400,000 lei to 750,000 lei, and those provided under subparagraphs c) and d), with a fine from 750,000 lei to 1,500,000 lei.
            The fines shall be applied to natural and juristic persons.

Art. 67. - The ascertaining of contraventions and application of sanctions shall be made by a proces-verbal drawn up by persons empowered by the ministries carrying out such works, by the National Office of Cadastre, Geodesy, and Cartography, or by the mayors, as well as by commissioned and non-commissioned police officers.
            The provisions under the Law No. 32/1968 on the establishment and sanctioning of contraventions shall be applicable to the contraventions provided under the present law.
            The degradation or destruction of landmarks, bench marks, surveying marks, and of geodetic signals from the national network, located on ground or on buildings, or the hindrance of conservation measures for these assets shall constitute an offence of destruction, and shall be punished according to the provisions under Article 217 of the Criminal Code.
            Likewise, the setting up or displacement of boundary marks and of the zone limit markings of railways, roads, canals, airports, ports, navigable lines, forest, geological, and mining delimitations, without the approval provided by law, shall constitute an offence of possession disturbance and shall be punished according to the provisions under Article 220 of the Criminal Code.

 

CHAPTER III
Final provisions

 

Art. 68. - Within 90 days after the finalizing of the cadastral works on a territorial-administrative unit - commune, town, or municipality -, the county Office of cadastre, geodesy, and cartography shall transmit to the land-book bureaux of the lawcourts the record regarding the cadastral parcels of all owners from the territory of each locality in their district, in order to draw up the land books of the buildings.
            The county office of cadastre, geodesy, and cartography and the land-book bureaux attached to the lawcourts shall realize, preserve, and ensure the conservation of the safety copies from cadastral, geodetic, cartographic, and real-estate publicity documents, those on microfilms or other supports inclusive.

Art. 69. - The Institute of Geodesy, Photogrammetry, Cartography, and Territorial Planning shall be reorganized in the Institute of Cadastre and Agricultural Territorial Planning, as a public institution with legal personality, subordinated to the Ministry of Agriculture and Alimentation.
            The county offices of cadastre and territorial planning and that of the Municipality of Bucuresti shall be reorganized in offices of agricultural cadastre and agricultural territorial planning, as public institutions with legal personality, subordinated to the Ministry of Agriculture and Alimentation.
            The organization and operation manner and the powers and duties of the institutions provided under paragraphs I and 2, as well as the wages level and status of their personnel shall be established by a Governmental decision within 60 days after the date of comming into force of the present law.
            The patrimony, personnel, and material resources necessary to the institutions provided under Articles 3, 21 and 68 shall be established by a Governmental decision as against the duties and powers of each one of them.

Art. 70. - The National Office of Cadastre, Geodesy, and Cartography, together with the ministries responsible for the specialized cadastres, and the Ministry of Justice shall establish, within 90 days after the coming into force of the present law, the methodology regarding the technical, economic, and juridical cadastral record, the inscription of juridical acts and facts referring to buildings.
The authorities of the local public administration shall provide the accommodation required for the carrying out of the activity of institutions and land-book bureau stipulated under the present law.

Art. 71. - The information from the general cadastre and real-estate publicity, as well as from the specialized cadastres shall represent a public-property asset of State, and shall be accessible, against cost, to natural and juristic persons, except cases regarding national security or other cases established according to legal provisions.
            The information system of cadastre and real-estate publicity shall be integrated in the National Informatization System of Romania.

Art. 72. - The present law shall come into force at 90 days after its publication in the "Monitorul Oficial" (Official Gazette of Romania).
            On the date when the cadastral works and real-estate publicity registers shall be finalized for a county's whole administrative territory, there shall cease, for the respective county, the applicability of the following legal provisions:
            - Articles 1801, 1802 and 1816-1823 under the Civil Code;
            - Articles 710-720 under the Civil Procedure Code, except the provisions with reference to pawning;
            - the Decret-Law No. 115/April 27, 1938 on the unification of the provisions on land books, published in the, "Monitorul Oficial" (Official Gazette of Romania), Part I, No. 95/April 27, 1938, with subsequent modifications;
            - the Law No. 242/July 12, 1947 for the conversion of provisional land books from the Old Kingdom in real-estate publicity books, published in the "Monitorul Oficial" (Official Gazette of Romania), No. 157/July 12, 1947, with subsequent modifications;
            - the Decree No. 2142/June 12, 1930 on the operation of the central land books for railways and canals;
            - the Law LX of 1881 on the real-estate distraint, with subsequent modifications.
            After finalization of cadastre at the level of the whole country, there shall be abrogated:
            - Articles 1801, 1802, and 1816-1823 under the Civil Code;
            - Articles 710-720 under the Civil Procedure Code, except the provisions referring to pawning;
            - the Decree-Law No. 115/April 27, 1938 on the unification of the provisions on land books, published in the "Monitorul Oficial" (Official Gazette of Romania), Part I, No. 95/April 27, 1938, with subsequent modifications;
            - the Law No. 242/July 12, 1947 for the conversion of provisional land books from the Old Kingdom in real-estate publicity books, published in the "Monitorul Oficial" (Official Gazette of Romania), No. 157/July 12, 1947, with subsequent modifications;
            - the Decree No. 2 142/June 12, 1930 on the operation of the central land books for railways and canals;
            - the Law LX of 1881 on the real-estate distraint, with subsequent modifications.
On the date of coming into force of the present law, the following shall be abrogated:
            - Articles 3 7-43 under the Law on the land resources No. 59/October 29, 1974, published in the "Buletinul Oficial" (Official Bulletin) No. 138/November 5, 1974, with subsequent modifications;
            - Appendix No. 1 to the Decree No. 146/1985 on the setting up of teams for cadastral works;
            - the Decree No. 305/September 15, 1971 on geodetic, topophotogrammetric, and cartographic activity, as well as on the collection, holding, and use of data and documents resulted from this activity, published in the "Buletinul Oficial" (Official Bulletin) No. 111/September 26, 1971;
            - any other provisions contrary to the present law.

 

 

Published in the "Monitorul Oficial" (Official Gazette of Romania), Part I, No. 61 of March 26, 1996