Electronic & Cross-borderconveyancing techniques– Cutting edge law practices –        Jacques.Vos@kadaster.nl
LAWYER:                             LAWYER:• Oath                              • Legal conception as determined by law• No...
Why? ICT as interesting  as hugely important“The European Council has underlined how  much a Digital Single Market matter...
‘Ancient’ conveyancing processPreparations   Draft & Execute   Transport Feedback       Processing       Registration
CROBECO conveyancing processPreparations   Draft & Execute   Transport Feedback       Processing       Registration
European RegulationsPreparations          Draft & Execute                     Transport    ROME       I     Choice legisla...
CROBECO optionsPreparations                     Draft & Execute              Transport               Bi-lingual deed      ...
CROBECO: Respects for...• Existing legislation   – Different protection against contradictory titles• Existing responsibil...
The Dutch legal system                            Semi-title systemNo guarantee on title                But reliable becau...
Towards automated processing                                                                    Electronic registration (X...
Automated processing of deeds (NL)• Respect for existing responsibilities• Step By Step Approach• No magic, just existing ...
Basic Principles• Notary stays responsible for content of  the deed• Registrar stays responsible for Cadastre  registratio...
Data integration by using stylesheets... without changing responsibilities
Partly standardised documents                           1st part of the deed contains all essential data                  ...
User agreement • Meaning “end of part one” • Declaration Notary: „no fact that belongs in the   Cadastre Registration is m...
Notary   Registrar                  repository            XML
conveyancing processPreparations          Draft & Execute   Transport Feedback              Processing       Registration
eConveyancing processPreparations      Draft & Execute   Transport Feedback          Processing       Registration
eConveyancing processPreparations      Draft & Execute   Feedback
Grammar (1)Today, the 17th of September 2012, appeared before me,mr. Norbert Anton Tinus Aris Ll.m., civil law notary , re...
Grammar (2)
Grammar (3)
Grammar (4)
Acceptance eConveyancing
Cutting Edge Law Practices   Electronic & Cross Border Conveyancing Techniques
Cutting Edge Law Practices   Electronic & Cross Border Conveyancing Techniques
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Cutting Edge Law Practices Electronic & Cross Border Conveyancing Techniques

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This paper first gives a small comparison and description of the characteristics of an average lawyer, followed by an introduction to a Cross border econveyancing project, called Crobeco. The project members gained much practical experience during the project. Next to the practical approach based on ‘the three respects of Crobeco’, the legal meanings and regulations are outlined. In addition, the issues that the project partners met and had to solve are part of this paper.
Respect for existing techniques is one part of the all-embracing respect for existing circumstances. In the Netherlands we found a way to process property deeds fully electronically without loosing responsibilities on either side. This method of processing deeds is part of the Cadastre`s Chain integration program. The main goal of this program is to lower administrative burden, enhance quality of data input into the Cadastre registration system and fasten the process of conveyancing. The acceptance of this program partly depends on the practical interpretation and procedure in order to stimulate progress. Perhaps this approach is helpful because of the characteristics of lawyers.

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Cutting Edge Law Practices Electronic & Cross Border Conveyancing Techniques

  1. 1. Electronic & Cross-borderconveyancing techniques– Cutting edge law practices – Jacques.Vos@kadaster.nl
  2. 2. LAWYER: LAWYER:• Oath • Legal conception as determined by law• No new technologies/ cautious • Stick to their own legal system• Protect clients against risks • Harmonization & Globalization  Become inventive solution-thinkers
  3. 3. Why? ICT as interesting  as hugely important“The European Council has underlined how much a Digital Single Market matters to Europe`s future growth. They highlighted in particular the Cross Border use of online services” Kroes (Poznan, November 17, 2011)
  4. 4. ‘Ancient’ conveyancing processPreparations Draft & Execute Transport Feedback Processing Registration
  5. 5. CROBECO conveyancing processPreparations Draft & Execute Transport Feedback Processing Registration
  6. 6. European RegulationsPreparations Draft & Execute Transport ROME I Choice legislation for contractual obligations ROME II Choice legislation for non-contractual obligations BRUSSELS I Choice legislation for Jurisdiction of Courts Feedback Processing Registration
  7. 7. CROBECO optionsPreparations Draft & Execute Transport Bi-lingual deed Advice by „sending‟ registrar Feedback Processing Registration
  8. 8. CROBECO: Respects for...• Existing legislation – Different protection against contradictory titles• Existing responsibilities – Title system < > deeds system• Existing techniques – eLodging // eRegistration // eConveyancing
  9. 9. The Dutch legal system Semi-title systemNo guarantee on title But reliable because of cooperationRegistrar checks for registration and informs Notary in case ofrequirements defective deedNo complete registration of rights But meaning of Cad. reg. is growing and protection of 3th parties in faithNo financial guarantees But liability Notary & RegistrarFast registration
  10. 10. Towards automated processing Electronic registration (XML) Centralizing Land Register Electronic recording of deeds Computerizing Land Register Computerizing the Cadastre registration1984 1999 2005 2006 2012
  11. 11. Automated processing of deeds (NL)• Respect for existing responsibilities• Step By Step Approach• No magic, just existing techniques (XML)
  12. 12. Basic Principles• Notary stays responsible for content of the deed• Registrar stays responsible for Cadastre registration• Notary preserves editorial freedom
  13. 13. Data integration by using stylesheets... without changing responsibilities
  14. 14. Partly standardised documents 1st part of the deed contains all essential data for Cadastre registration, e.g.: personal information about buyer, seller, object, purchase price, new easements or dissolving Deed clausesStylesheet,computerisedverified by Dutchregistrar ....................... ....................... End of standardised partOther conditions………………….…………………. Editorial part with all other conditions and agreements, not to be registered
  15. 15. User agreement • Meaning “end of part one” • Declaration Notary: „no fact that belongs in the Cadastre Registration is mentioned in the 2nd part of the deed‟ • If essential information is in the 2nd part, the Notary will be liable
  16. 16. Notary Registrar repository XML
  17. 17. conveyancing processPreparations Draft & Execute Transport Feedback Processing Registration
  18. 18. eConveyancing processPreparations Draft & Execute Transport Feedback Processing Registration
  19. 19. eConveyancing processPreparations Draft & Execute Feedback
  20. 20. Grammar (1)Today, the 17th of September 2012, appeared before me,mr. Norbert Anton Tinus Aris Ll.m., civil law notary , residingin Amsterdam:
  21. 21. Grammar (2)
  22. 22. Grammar (3)
  23. 23. Grammar (4)
  24. 24. Acceptance eConveyancing

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