The Public Character of Land Registers: A Comparative Analysis in the European Context

Abstract

This paper focuses on the problem of the availability of land register content and on associated axiological dilemmas, in particular those resulting from confl icts with the right to privacy. The paper offers a comparative study set in the European context. It outlines the existing regulations concerning this topic as well as the most recent changes and directions of development, and observes that the principle of open public access to land registers is well-known in Europe, although it is regulated and applied in a variety of ways. In this context, the unlimited nature of public access to land registers in Poland receives a critical note. Risks related to electronic land registers and their online accessibility are also presented. The main basis of comparative reference is the German system of land registers, which seems to balance all relevant confl icting values. In the search for the best concept of public access to land registers, it is argued that only what is essential for the safety of economic transactions should be open to the public. To achieve this, the content of land registers should be verified and then two levels of access to such data should be introduced. It is also asserted that the security of legal transactions is based not on the quantity, but rather on the quality and reliability of information, and that the pursuit of information availability cannot completely ignore the information autonomy of individuals or deprive them of their right to privacy. Finally, it is suggested that although improved functioning of land registers in member states could serve as an important instrument to improve the competitiveness of the European Union, a common European land register seems unlikely in the near future, despite dynamic growth and continued development of land register systems. Refs 36.