Land registration is such an important thing from a legal perspective that it has its own court – the Land Registration Court. However, that doesn't mean it's something the average Dane thinks about on a daily basis, so here's a brief explanation of what the Land Registration Court is, what land registration is, and what it's good for.
There are very good reasons why we have a land registration right in Denmark. It is an important element in resolving some points of dispute – especially in civil cases.
In and of itself, it is no more than a public registration of rights – it could be, for example, property rights, i.e. ownership. It is often something like rights over real estate and is therefore centered on the larger issues of ownership and rights.
It would simply be too time-consuming to have the rights registered compared to buying a new bicycle.
In 2009, the Digital Land Registration System was introduced, and it has made it somewhat easier to register various things, because it can now be done digitally. Land registration has thus entered the modern era we live in.
You register something to ensure that it is publicly registered and that it cannot be questioned. A classic example is the purchase of real estate - here it must be very clear that you have actually purchased the property, and therefore the purchase is registered.
You could say that you register to protect yourself against the claims of others – with a registered deed, mortgage deed or something else, you can rightfully claim whatever you claim.
However, registration is not only relevant in connection with the purchase of property. For example, marriage contracts must be registered before they are valid.
The so-called diary principle means that if situations arise that relate to the registered property, for example, real estate, the relevant circumstances must be taken into account in the order in which they were registered.
Before the digital registration of land registrations, this meant that land registrations submitted on one day had to be completed before the following day's registrations could begin. This way, the date of the registration was maintained and the order could be determined from there.
This is relevant, for example, if a case is reported about a property that has not been completed before something else is reported. In that case, the first case must be resolved before the second can be started.
Therefore, in some unfortunate cases, registration can take a while to be resolved, because one case can affect another, which can affect a third. Even though the first and third cases in and of themselves have nothing to do with each other, the first two must be resolved before the third can be started.
Registering something is not free, as a registration fee must be paid. The price, however, depends on what needs to be registered.
If it concerns rights over real estate, the price is 1.5 percent of the value of what is desired to be registered in the land register plus an additional 1,660 kroner. The same applies to mortgage deeds.
Probate certificates generally cost 1,660 kroner, with the exception of probate certificates that are issued as a right for heirs - here the fee is 0.6 percent plus an additional 1,660 kroner.
However, canceling a document is free of charge.
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