Vermelding onderdeel organisatie May 14, Studying transfer of part-parcels and easements in Finland Jaap Zevenbergen 1 1) OTB, Delft University of Technology,The Netherlands COST G9 Meeting, Espoo, Finland, May 2004 Short-Term Scientific Mission 3-7 November 2003

May 14, Agenda 1.Approach 2.Public witness 3.Transfer of part parcel 4.Easements 5.´Land surveyor´ 6.Conclusions

May 14, Approach alternate discussion and studying material discussion with Finnish experts: academic - practice land surveyor - lawyer study material (COST Vienna presentation; English handbooks, English translation of some laws) questions from Dutch perspective not always expected by Fins; internal preparation of the correct answer

May 14, Approach easy to misinterpret things 25,000 subdivision on 50,000 transfers in NL 400,000 transfers with 3 x population but: FIN has different system for apartments without registration at court apartments very important in EU consumer market !

May 14, Public purchase witness “Finland is one of then non-notary countries” but: public witness has to sign transfer document one is appointed as such (surv.,lawyer,bank) ´notarize´ signatures, verify formal requirements sends papers to cadastre (to number part parcel) and to municipality (check for pre-emption right) gets fee set by government ´real estate notary´?

May 14, Transfer of part parcel since 1997 one can not only draw a contract, but also finalize transfer, including registration at court before survey (-or gets involved) public witness mentions in his form that a part parcel has been ´created´ and cadastre gives number court registers on the base of this number surveyor does his work, incl. checking of planning restrictions and possible need for easements

May 14, Transfer of part parcel occasionally no legal parcel can be formed sometimes contract deals with this sometimes de facto situation stays, mainly a problem when getting building permit reasons for 1997 change (quicker mortgage, more subdivisions, avoid double check of rights) are met problems seem minor

May 14, Transfer of part parcel in the Netherlands registry and cadastre one organization issue of part-number no checks of planning restrictions or easements but: sometimes part described very sloppy parties come to field less and less in past long delay till survey plans to draw indicative boundary on maps

May 14, ‘Easements’ Law on Property Formation (cadastral legislation) Real Estate Code Land Use and Planning Act Law on Private Roads (officially not easement) Rights to have utility lines, cables or pipes can be based on different legal bases

May 14, ‘Easements’ Law on Property Formation by land surveyor Real Estate Code Land Use and Planning Act by municipal building control department Law on Private Roads; special procedure (surv.): private road management association

May 14, ‘Easements’ Rights to have utility lines, cables or pipes can be based on different legal bases city: municipal planning and building dept. as building easements countryside: expropriation(of part of right) or by surveyor as easement

May 14, ‘Easements’ registered only in cadastre of benefiting and burdened parcels private road only on burdened parcel, use special ‘road use unit’ for link with beneficiaries I guess useful mechanism to efficiently use land without having to try and become owner, esp. when party agreement is not totally necessary

May 14, Land surveyor surveys boundary checks planning restrictions used to check rights before subdividing may create easements may create road access better word may be ´real estate formator´ education very different from geodetic surveyor

May 14, Conclusions Approach better understand your own and foreign system (see own weaknesses and other solutions) not really to find commonalities Finland is coping with transfer before survey, in general hard with land use control and easement making Apartments should be in COST G9, even if outside land registry / cadastre