Institutional Features of Real Property Transactions in Latvia and Sweden – Outcomes of the STSM in KTH, Sweden Armands Auzins Chair of Geomatics, Riga Technical University

7/14/2015COST action G9, 5th Workshop2 Purpose of the visit to investigate the institutional framework in Sweden in relation to the real property transactions and influences on real land use to compare the Swedish and Latvian situations

7/14/2015COST action G9, 5th Workshop3 Methodology use of previously examined methodology of COST action G9 for provision of valid information from procedure: cases of sale and subdivision  to institutional performance

7/14/2015COST action G9, 5th Workshop4 Use cases formal description of both cases –use case purpose –pre-conditions/post conditions –limitations –general/special context –sequential sub-activities –variations (“normal case”) –official proposals for amendments in the legislation –general activities diagram –activities diagram with responsibilities

7/14/2015COST action G9, 5th Workshop5 General considerations the system has to work: field = Cadastre = Land register otherwise the land administration system is considered to be inefficient you can sell or subdivide only what you have (ownership) concept of real property registration and subdivision of real properties/real property units

7/14/2015COST action G9, 5th Workshop6 Significant features (sale) Sweden: signed pre-contract=signed contract=transfer of ownership is completed=title is changed, in the case of mortgage – everyone is satisfied, because: Cadastre-Land register-Mortgage deeds register Latvia: –negotiations with mortgagee before make any contracts -the buyer gets the money only after change of ownership -responsibilities of the notary and Land register Pre-emption rights (a new buyer substitutes the original buyer)

7/14/2015COST action G9, 5th Workshop7 Significant features (subdivision) ScopeSwedenLatvia Surveyor’s role technical job and decision making only technical job Municipalityadjudication if needed decision making and adjudication always Cadastral index mapnot legally binding Cadastral mapgraphical data legal part and graphical part – cadastral act Conclusion of the cadastral procedure data synchronisation data registration in Cadastral IS Registration of the owner of the new property unit automatically only when the owner apply to the Land register Appeal of the decisionsland courtcourt

7/14/2015COST action G9, 5th Workshop8 Conclusions (1) Proposals for amendments in the Latvian legislation: –- Adjudication procedure at the municipalities and by interested parties must be formalised un unified in all territory of Latvia; –- There must be clear distinction in which cases there is a needed for the map of the subdivision case and in which – detailed planning is appropriate; –- There must be set minimal period of time during which the ownership rights are registered or changed after conclusion of cadastral procedure, if data synchronisation between Cadastral IS and Land Book DB politically is not possible; –- There must be clearly set and widely used terminology resources regarding real property formation and transactions

7/14/2015COST action G9, 5th Workshop9 Conclusions (2) Institutional studies and appropriate arrangements lead to the possibility to stress on the results not to the procedures Apart from prescribed regulations, the buyer should investigate the real property and negotiate with mortgagee before sign any contract If the legislative norms are general, a lot is dependent on private (contractual) relations

7/14/2015COST action G9, 5th Workshop10 Many thanks to Professor Hans Mattsson Professor Thomas Kalbro Ms. Marina Vaskovich Members of Management Committee and secretariat of COST Action G9 Professor Kari I. Leväinen and Finnish Society of Surveying Sciences – NJSR editors Let is keep in touch: