Estonian Land Register
Land Register is Estonia registry that contains information about real estate. The Estonian Land Registry contains information on property encumbrances that may become useful when conducting due diligence. According to the Estonian law real estate is registered in the Land Register and buildings are registered in the Building Register. Due to the highly developed IT system the Land Register can also be accessed online. In order to conduct a search in the Land Register an individual must pay a fee.
If a person is interested in buying a property a person can rely on lawyers for real estate due diligence procedures.
Conveyancing procedure in Estonia
When owner wants to sell land or property he or she has to go to the notary.
- Notary performs inquiries and prepares the contract
- Notary sends digitally signed contract and application electronically to land register where it is registered
- Registry electronic application
- Participants, objects, state fee, etc.
- Registry checks application
- Assistant judge files an entry to land register.
- Registry sends out the decision
There are no applications on paper between notary and register. Registrars do not have to retype information. Previously information was typed and sent on paper and retyped. Everyone who needs register information can see new entries after assistant judge has signed them. According to law there is a system of a land register which means everyone can rely on land register information.
Estonian registers change information electronically via an informational system called X Road. In addition to notary systems land register has online data interchange with other registers like land cadastre, business register and population register.
The legal framework on owning real estate in Estonia
Estonia has legislation regarding real estate ownership. There are:
- General Part of Estonian Civil Code
- Law of Property Act and Implementation Act
- Apartment Ownership Act
- Law of Obligations
- Planning and the Building Acts
Other laws refer to the registration of properties with Land Registry. The most important laws regarding real estate registration are the Land Register Act and the Land Cadaster Act.
What information can one find in the Estonian Land Registry?
Anyone who wants to access the Land Register in Estonia must have legitimate reason. The ones that are not required a reason for searching are property owners, notaries, authorities and courts of justice. Each property has a unique number called registered property number.
The Land Register in Estonia:
- first part contains information about registered properties (purpose, location, size of land plot and restricted rights)
- second part of Register contains information about owner,
- third part contains information about restrictions on ownership
- fourth part contains information about mortgages
Searching the Register
Charge is €1 for each search.
A search is any information in a land register part opened for any registered property:
- Composition of the property
- Encumbrances and restrictions and mortgages
The search fee includes access to opened files and issuing the documentation they contain.