European Property Rights and Wrongs - Diana Wallis MEP
European Property Rights and Wrongs - Diana Wallis MEP
European Property Rights and Wrongs - Diana Wallis MEP
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Difficulties with planning, zoning, environmental law, pre-emption rights for public<br />
authorities <strong>and</strong> other administrative regulations were considered both in the<br />
context of warranties by the seller <strong>and</strong> as to checks made on the buyer’s behalf.<br />
The reports set out the issues very thoroughly:<br />
http://www.eui.eu/DepartmentsAndCentres/Law/ResearchAndTeaching/<br />
ResearchThemes/ProjectReal<strong>Property</strong>Law.aspx<br />
What can STEP do to help develop solutions for the EU citizen?<br />
Although many STEP members focus on estate planning <strong>and</strong> succession issues for<br />
their clients both nationally <strong>and</strong> internationally, real property is inevitably often a<br />
significant proportion of the value of the personal assets of many clients. STEP<br />
members are therefore accustomed to being consulted on the cross-border issues<br />
arising from real estate acquisition. Advising on the different effects of various<br />
ownership options <strong>and</strong> structures, STEP members underst<strong>and</strong> the cross-border tax<br />
<strong>and</strong> other consequences of the various available local options.<br />
STEP’s network of members both inside <strong>and</strong> outside the EU, enables advice from<br />
relevant experienced members in other jurisdictions to be readily obtained. STEP<br />
members support the progress towards a common frame of reference for <strong>European</strong><br />
Contract law <strong>and</strong> many of the proposals of the draft common frame of reference.<br />
STEP with no vested interests in the title transfer process, supports EU initiatives<br />
that would ensure basic checking of planning, zoning, environmental law, preemption<br />
rights for public authorities <strong>and</strong> other administrative regulations on the<br />
buyer’s behalf, were made with a common minimum st<strong>and</strong>ard throughout Europe.<br />
Why are L<strong>and</strong> Registries<br />
so important to the process?<br />
L<strong>and</strong> Registries are one of the cornerstones of a safe process of property transactions.<br />
They maintain registers of rights over the property, charges against the property<br />
<strong>and</strong> perhaps maps <strong>and</strong> plans of the boundaries <strong>and</strong> zones affecting the area.<br />
They may also be known as Cadastre registers or maps <strong>and</strong> both L<strong>and</strong> Registries<br />
<strong>and</strong> Cadastre will be made up of various separate registers, maps <strong>and</strong> indexes.<br />
Many foriegn purchasers find themselves in difficulties when boundaries are dis-<br />
64<br />
Linking up national L<strong>and</strong> Law systems