Electronic & Cross-border conveyancing techniques

– Cutting edge law practices –

Jacques.Vos@kadaster.nl

LAWYER:

• Oath

• Protect clients against risks• No new technologies/ cautious

LAWYER:

• Legal conception as determined by law• Stick to their own legal system• Harmonization & Globalization

Become inventive solution-thinkers

Why?ICT as interesting as hugely important

Kroes (Poznan, November 17, 2011)

“The European Council has underlined how much a Digital Single Market matters to Europe`s future growth.

They highlighted in particular the Cross Border use of online services”

‘Ancient’ conveyancing process

Preparations Draft & Execute Transport

ProcessingFeedback Registration

CROBECO conveyancing process

Preparations Draft & Execute Transport

ProcessingFeedback Registration

European Regulations

Preparations Draft & Execute Transport

ProcessingFeedback Registration

ROME I

ROME II

BRUSSELS I

Choice legislation for contractual obligations

Choice legislation for non-contractual obligations

Choice legislation for Jurisdiction of Courts

CROBECO options

Preparations Draft & Execute Transport

ProcessingFeedback Registration

Advice by ‘sending’ registrarBi-lingual deed

CROBECO: Respects for...

• Existing legislation – Different protection against contradictory titles

• Existing techniques– eLodging // eRegistration // eConveyancing

• Existing responsibilities– Title system < > deeds system

Semi-title system

No guarantee on title But reliable because of cooperation

Registrar checks for registration requirements

and informs Notary in case of defective deed

No complete registration of rights But meaning of Cad. reg. is growingand protection of 3th parties in faith

No financial guarantees But liability Notary & Registrar

Fast registration

The Dutch legal system

Towards automated processing

Electronic registration (XML)

Centralizing Land Register

Electronic recording of deeds

Computerizing Land Register

Computerizing the Cadastre registration

1984 1999 2005 2006 2012

Automated processing of deeds (NL)

• Respect for existing responsibilities

• Step By Step Approach

• No magic, just existing techniques (XML)

Basic Principles

• Notary stays responsible for content of the deed

• Registrar stays responsible for Cadastre registration

• Notary preserves editorial freedom

Data integration by using stylesheets

... without changing responsibilities

Kadaster-on-Line

Software notary

First part of the deed

Partly standardised documents

Stylesheet, computerised verified by Dutch registrar

Other conditions………………….………………….

Deed

.............................................. End of standardised part

1st part of the deed contains all essential data for Cadastre registration, e.g.: personal information about buyer, seller, object, purchase price, new easements or dissolving clauses

Editorial part with all other conditions and agreements, not to be registered

User agreement

• Meaning “end of part one”

• Declaration Notary: ‘no fact that belongs in the Cadastre Registration is mentioned in the 2nd part of the deed’

• If essential information is in the 2nd part, the Notary will be liable

Notary

Registrar

1234AB1234AB

XML

repository

conveyancing process

Preparations Draft & Execute Transport

ProcessingFeedback Registration

eConveyancing process

Preparations Draft & Execute Transport

ProcessingFeedback Registration

eConveyancing process

Preparations Draft & Execute Feedback

Grammar (1)

Today, the 17th of September 2012, appeared before me, mr. Norbert Anton Tinus Aris Ll.m., civil law notary , residing in Amsterdam:

Grammar (2)

Grammar (3)

Grammar (4)

Acceptance eConveyancing