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Conveyancing Law for Paralegals and Law Students
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The system of registering land dates back to the earliest times. In the year 3000 BC the Egyptians already had a form of land registration. Towards the end of the middle Ages in some areas of the Netherlands, the practice arose of transferring the right of ownership of immovable property by registration before a court in the region in which the land was situated. On 10 May 1529 Emperor Charles V issued an edict that in Holland all “verkoopingen, belastingen, vervreemdingen ende hypotheecqueeringe” of immovable property must take place “voor den rechter ende ter plecken daer die goedere gelegen zijn” otherwise all such “verkoopingen, belastingen, vervreemdingegen endehypotheecqueeringe” will be deemed “as nul, eggen ende van onwaerden”. The writers on Roman Dutch Law interpreted this edict to mean that the informal transfer of immovable property, which did not take place before the court, was legal and binding between the parties, but null and void regarding third parties.
According to the writers on Roman Dutch Law, in order to bind third parties the immovable property had to be transferred formally before the court of the place where the property was situated. On 9 May 1560 Philip II issued an edict to the effect that a register of all transfers of immovable property had to be kept. The Secretary of the court in each city or district had to keep a register of all transfers of land situated within the region of that court. This was the origin of our register regarding land. The Romans never had a registration system for land. These provisions for the registration of transfers of immovable property and the keeping of registers were entrenched and expanded by sections 37 and 38 of the Political Ordinance of 1 April 1580. Thereafter in both the states of Holland and West Friesland, legislators of the provinces levied taxes on the transfer of immovable property by means of various edicts. Incidentally this was the origin of our modern payment of transfer duty.
Matome M. Ratiba - Personal Name
1st Edtion
978-87-403-0500-5
NONE
Conveyancing Law for Paralegals and Law Students
Management
English
Bookboon.com
2013
USA
1-138
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