240 The principal aim of transcription in public registers is publicity. It is important that especially third parties may orient themselves as fully and as easily as possible on the legal situation concerning a property. Experience has shown that this is possible only if objects are indicated by their cadastral designation, administration being based on these designations. Without proper indexing on these lines the public registers are very difficult to consult. It is therefore a contribution towards proper functioning of the publicity system that the law requires real property to be indicated in deeds by its cadastral designation (i.a. articles 1219 and 1231-II of Burg. Wetboek, art. 37-II of Notariswet). Thus the cadastre, originally established only for the purpose of fair taxation of landed property, has taken an important position in legal transactions with real estate. Aside from the obligation to indicate objects by their cadastral designa tion, the law increasingly tends to attribute significance in other respects to the data recorded by the cadastral survey. Thus the law on (rural) reallotment or land consolidation confers voting power under its proceedings to the person recorded as the owner by the cadastre, and in expropriation procedures action is engaged in the first instance against the cadastral owner, also basing evaluation on lot sizes as recorded by the cadastre. Social developments, the growth of the population since 1832, increased government activity, the use of cadastral designations as a means for in dividualizing real estate, the trust placed by the public in cadastral data, all this means that the task of the cadastre becomes heavier and that ever higher standards are required. This is fully realized by the government, who concludes that the time has come for fundamental consideration of the function to be performed by the cadastre in the present times. Consequently, an order in council (Koninklijk Besluit, no. 35 of 12 August 1957) set up a national committee (staatscommissie) to advise on ij the social function to be performed by the cadastre; 2) the desirability of statutory definition of the task and operation of the cadastre. 3. Recent legislation a) Change in method of transcription. Prior to 1 April 1950, a document presented for transcription was literally transcribed by hand in the public registers, with a declaration of conformity subscribed by the registrar. By act of 28 February 1947, Staatsblad H 66 (circular 3464) the Minister of Finance was empowered to prescribe by regulation that when a document is presented for publication either a mechanical reproduction of the document itself or a transcript satisfying certain conditions of format must be handed in. It was stated expressly that publication is to be refused if the prescribed conditions of format are not respected. Instructions issued by the Minister of Finance on 9 November 1949, numbers 188 and 189 (Ned. Staatscourant no. 222 of 14-11-1949, circulars 3680 and 3681) stipulated that for transcription in the register a copy (transcript) of the deed would henceforward have to be supplied to the registrar. The copy must be certified true by the notary public. At present the possibility is investigated of basing transcription on a mechanical reproduction of the deed, to be made by the registrar, thought being given to a microphotographic process with a view to economizing file space. b) Act on apartment property. The act of 20 December 1951, Stb. 571, has opened the legal possibility of dividing property of a building into apartments. In view of this, articles 638a to 638t have been inserted into the Burgerlijk Wetboek. 'Apartment' according to the act means: a share in the building with accessories, as well as in the land on which it stands and its appurtenances,

Digitale Tijdschriftenarchief Stichting De Hollandse Cirkel en Geo Informatie Nederland

Tijdschrift voor Kadaster en Landmeetkunde (KenL) | 1958 | | pagina 42