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
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