estonian digital land register - folk.uio.nofolk.uio.no/erikro/www/etinglysing/estonia.pdf · the...
TRANSCRIPT
www.rik.ee/company [email protected]
The Land Register in Estonia is maintained by Land Registry departments of local law courts.
Ownership relations and limited real rights established on the registered immovable for the benefit
of third persons need to be entered in the Land Register.
Estonian Land Register is a title based electronic register. The right has to be entered in the land
register in order to be valid. The entries made in the land register are presumed correct.
All the land of Estonia has entered into land register (except state-owned land) and the whole land
register is accessible online and all register parts are valid electronically. The owner does not need a
paper certificate to prove the right to the immovable.
Land Register archive contains applications and documents submitted on the immovable and these
documents are mostly on paper. About 75 % of all documents are produced by notaries. Since 2007
June all notarial applications (deeds) are registered automatically in digital form in Land Register
information system.
The conveyancing procedure in Estonia.
If owner wants to sell ones land or real property he or she has to go to the notary
1. Notary performs necessary inquiries and prepares the contract (deed). Information from
other state registers, also from land register, is possible to import directly into contracts.
2. Notary sends digitally signed (qualified digital signature) contract and application
electronically to land register where it is automatically registered.
3. Registrar receives electronic application
• Structured data (participants, objects, state fee…)
• Digitally signed contract
4. Registrar checks the application, that all the necessary information is presented.
5. Assistant judge makes an entry to land register.
6. Registrar sends the decision to notary and participants.
www.rik.ee/company [email protected]
At the moment there are no applications on paper between notary and land register. And registrars
do not have to retype information. Previously the information was typed, printed out, sent on paper
and retyped. Everyone who needs land register information can see new entries without delay after
assistant judge has signed them. According to law Estonia has a system of a strong land register
which means everyone can rely on land register information.
Estonian registers change information electronically using government information system called X-
Road. http://www.cyber.ee/english/services/eGovernment/xroad.html.
In addition to connection with notaries’ system land register has electronic online data interchange
with registers like land cadastre, business register, population register.
Future plans State objective in connection with Land Register’ is to organize Land Registry departments’ work in
more effective way, ensure that all data is protected safely and enable create new comfortable
electronic services for customers.
To achieve these objectives we are planning new developments.
Year 2010
At the moment we are working on project to digitalize whole land register archive.
All paper documents will be scanned, digitally signed (with Estonian ID Card. More about ID Card
http://www.id.ee/11019 ) and stamped.
Year 2011
E-notary
Land register
XML structured data
contract + structured data
www.rik.ee/company [email protected]
Next project we are planning is to digitally sign (with Estonian ID Card) and stamp all database
records to preserve integrity. That helps to ensure nobody could create, delete or modify records
without a trace.
More information about Estonian Land Register can be found:
http://epractice.eu/files/documents/cases/1791-1220620769.pdf
http://epractice.eu/en/cases/kris
www.rik.ee/company [email protected]
Consultation regarding Development of
Land Register Information Systems
The Land Register has been created and developed since the year 1991. In a short period of time, we
have passed through every phase that is common for the creation and development of a major public
register:
1. Legislative drafting
2. Creation of a paper registers
3. Creation of an electronic information system and digitalization of the paper register
4. Creation of a fully electronic register and information system with a legal meaning
5. Digitalisation of the procedural process (e-conveyancing)
During our journey, we have learned some painful lessons and achieved excellent results – especially
in development of information technology solutions. We have co-operated with the private sector
and developed software from the scratch ourselves – therefore we can assess the advantages and
disadvantages of both alternatives. Development of the Land Register information system is
illustrated by the following figure:
In the last years we have engaged in optimization of procedural processes and improvement of
security. The majority of real property transactions are notarised in Estonia as required by law.
Therefore the optimization of the procedural process had to inclu
systems of notaries. The result was the E
2006. By the time being, the procedural process of real property transactions between Notaries and
the Land Register is 100% electronic
good co-operation between different parties
Centre of Registers and Information Systems
In the last years we have engaged in optimization of procedural processes and improvement of
security. The majority of real property transactions are notarised in Estonia as required by law.
Therefore the optimization of the procedural process had to include updating of the information
systems of notaries. The result was the E-notary information system which was
By the time being, the procedural process of real property transactions between Notaries and
electronic. It was achieved by means of information technology and by
operation between different parties. The E-notary software was developed 100% by the
ormation Systems.
www.rik.ee/company [email protected]
In the last years we have engaged in optimization of procedural processes and improvement of
security. The majority of real property transactions are notarised in Estonia as required by law.
de updating of the information
notary information system which was put into operation in
By the time being, the procedural process of real property transactions between Notaries and
It was achieved by means of information technology and by
was developed 100% by the
www.rik.ee/company [email protected]
The Centre of Registers and Information Systems, which is responsible for administration and
development of the IT solutions of the Ministry of Justice (both software and hardware), is willing to
share its respective experience with others. We have multiple experiences in digitalisation of paper
registers, and in development of inquiry systems and procedural software. The IT success of the
Ministry of Justice was confirmed also by the auditors of the National Audit Office of Estonia in their
latest audit on the use of IT solutions by the public sector (www.riigikontroll.ee ) 2007. In addition,
our solutions have been acknowledged in Estonia as well as in Europe.
We are also ready to provide consultation regarding the success and failure stories of development
and administration of the IT solutions of the respective sector.
www.rik.ee/company [email protected]
This consultation package comprises:
Introduction to the administration and development of the procedural software of the Land
Register.
Introduction to the administration and development of the inquiry systems of the Land
Register.
Introduction to the process of development of the Land Register information systems.
Electronic data exchange between the Land Register and other systems.
Introduction to E-notary – procedural software for notaries.
Details of electronic data exchange between E-notary and the Land Register information
systems.
Consultation with developers, administrators and infrastructure specialists and managers.
Questions and answers specified. If necessary – code samples and schemes of software.
If necessary, we can involve Estonian public specialists of other fields or our co-operation partners
from the private sector in our consultation process.
For example:
Introduction to geo-info systems.
ID-card and introduction to PKI.
Introduction to the procedural processes of the Land Cadastre.
Introduction to the Building Register.
Introduction to the Company Registration Portal of the Commercial Register and its
procedural processes.
Introduction to other information systems.