The cadastral documentation — the house on the ground has to be the house in the papers

From the series “Property transactions, explained by specialists” — Lucian Dima in conversation with the professionals involved in a transaction.

Lucian: Gabriela, I arrive at a property and I see a handsome house, land, a terrace, a garage, perhaps an outbuilding.
You arrive with the cadastral documentation.
The question is: does the house we are looking at have to be the same as the one reflected in the documents?

Gabriela: The technical position and the documentation have to be examined so that the relevant information about the property is correctly reflected.
Problems appear when, over time, the property has changed but the documentation has not been updated accordingly.

Lucian: Let us explain three terms people mix up: cadastral documentation, land registry entry and the land register.

Gabriela: Very simply put, the cadastral documentation concerns the identification and technical description of the property, while the land register holds information about the property and the rights recorded over it.
The land registry entry is the definitive recording of a real property right in the land register, under the conditions provided by law.
For each case, though, the specific documentation has to be examined.

Lucian: Let us take the classic case of a house in Ilfov. The owner bought it fifteen years ago. Since then they have enclosed the terrace and built a garage.
What do we do?

Gabriela: First we check the existing documents and the position on the ground.
Then we see what changes have taken place and what the applicable procedure is for updating the documentation. Not every situation is identical, and sometimes additional documents may be needed.

Lucian: And if we discover the problem once we already have a buyer?

Gabriela: Then time pressure can appear.
If measurements, documents, updates or other steps are needed, they are not necessarily resolved from one day to the next.
That is why it is far better for the check to be done beforehand.

Lucian: Another very common case: the owner says they have 500 square metres of land, but the measurements show something else.

Gabriela: The cause of the difference and the existing documentation have to be examined.
We cannot draw a conclusion from an isolated measurement alone. The deeds, the plans and the position on the ground have to be checked, and only then can it be established what procedure is needed.

Lucian: Is the fence always the boundary of the property?

Gabriela: That should not be assumed automatically.
The position of the boundaries has to be checked against the documentation and the relevant measurements. A fence standing on the ground is not, by its mere existence, the answer to every question about the legal or cadastral boundary.

Lucian: Can out-of-date cadastral documentation cause problems when the buyer takes a mortgage?

Gabriela: It can create difficulties if there are discrepancies that need to be clarified during the transaction or the financing.
That is why, before a sale, it is useful to have the documentation checked.

Lucian: So what does an owner who wants to sell in a month or two actually do?

Gabriela: Take out the documents, check the cadastral position and, if there are changes compared with the existing documentation, talk to a specialist in good time.
It is far better to find out now that you have something to sort out than when the buyer is waiting to sign.