Example of complete Cross Border Conveyancing Process

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Objectives 1. Promote interoperability and interconnection between land registries and conveyancers in different Member States; 2. Promote increased efficiency.
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Presentation transcript:

Example of complete Cross Border Conveyancing Process

Ancient conveyancing process PreparationsDraft & ExecuteTransport Processing Feedback Registration

eConveyancing process PreparationsDraft & ExecuteTransport Processing Feedback Registration

eConveyancing process PreparationsDraft & Execute Submission & Feedback

CROBECO process PreparationsDraft & ExecuteTransport Processing Feedback Registration

CROBECO: Respects for... Existing legislation –Different protection against contradictory titles Existing techniques –eLodging // eRegistration // eConveyancing Existing responsibilities –Title system deeds system

CROBECO options Preparations Draft & ExecuteTransport Processing Feedback Registration Advice by sending registrarBi-lingual deed

Procedures Obtaining property information submission Land Register information Cadaster Municipality Preparing the deed Obtaining tax number Obtaining permits Processing the deed Legal advice Registrar Notifications Land Register Cadaster Municipality Community of owners Eulis CROBECO helpdesk GLOSSARY REPOSITORY Tax payment

Legal aspects Preparations Draft & ExecuteTransport Processing Feedback Registration Advice by sending registrarBi-lingual deed

Example Seller Buyer Santiago Bernabéu Football Stadium Cruijff Van Gaal

CROBECO process Johan & Louis agree on transfer of property Select a conveyancer Start preparations for creating a deed

CROBECO conveyancer Contractual obligations based on own legislation (e.g.: Dutch Law) Just around the corner who speaks their own language (e.g.: Dutch) who knows what (s)he is doing (knowledge/ experienced)

CROBECO preparations Collect Information Fulfill Formalities Prepare Contract of Sale

Select clauses – against tax fraud

Select clauses – Contractual obligations (Rome I)

Select clauses – Non-contractual obligations (Rome II)

Select clauses – Prorogation of jurisdiction We agree that the courts of the Netherlands shall have exclusive jurisdiction to settle any dispute which may arise in connection with this contract of sale Article 23 Council Regulation Brussels I(EC) No 44/2001

Thank you very much for your attention.