In mid-May (15.05.) we started, and in June and July we continued (5.06., 3.07., 7.07.) a series of reminder publications regarding a problem created by state institution employees, which, given various nuances in recent years' events, demonstrates: "Time passes, customs and shortcomings remain!" You won't find such a sentiment in government declarations!
Business owners are complaining to the Minister of Justice about the current absurd situation where at least some of the imposed nature conservation restrictions are not reflected in the Land Register, meaning there is no accurate information, which leads to financial losses. Currently, the ministry is preparing a response to the complaints from entrepreneurs regarding the imposed nature conservation restrictions that are not reflected in the Land Register, explains Sandris Sabajevs, press secretary for Minister of Justice Solvita Āboltiņa. He indicates that the response could be ready as early as this week.
“We are not satisfied with the Ministry of Environment's response that potential buyers should investigate land restrictions before purchasing property not just in the Land Register, but also at the Ministry of Environment, the Regional Environmental Board, and the local municipality,” admits Līga Zdanovska, Head of the Real Estate Department at SIA “Hansa Silvestrs”. She acknowledges that she very much hopes for the intervention of Minister of Justice Solvita Āboltiņa in this matter, as these are not just a few isolated cases, and it is not entirely clear to entrepreneurs who is responsible for this – the Ministry of Environment, the State Land Service, or some other institution – when, for example, the Land Register records restrictions such as overhead power lines and water drainage buffer zones, but in certain cases, it is not indicated that part or even all of the property is burdened with various economic activity restrictions.
“The fact that nature conservation restrictions are not recorded in the Land Register prevents entrepreneurs from making economically sound decisions and causes losses, yet in Latvia, it turns out that no one is responsible for this because, according to state institutions, the fault lies with the landowners or buyers themselves,” emphasises L. Zdanovska. She points out that she is not against nature conservation restrictions, however, if they are imposed, they must be in the Land Register; otherwise, the culpable institution that failed to register them in time must buy back this burdened land from the good-faith owner (acquirer) using its own funds. “What happens in cases where such a restriction is not recorded in the Land Register, but the new owner has received a bank loan for its purchase, which they intended to repay after harvesting the purchased forest?” asks L. Zdanovska. This is why the Minister of Justice is being informed about this escalating problem, especially in a situation where the buying and selling of forest land is increasing, but with no action taken, the victims may be good-faith buyers whose purchased real estate has no nature conservation restrictions recorded in the Land Register, even though they exist in reality. In L. Zdanovska's view, forest owners who know nothing about the nature conservation restrictions imposed on the forest or parts thereof they own should not have to suffer due to the negligence, lack of funding, or other reasons of state institutions.
“If imposed nature conservation restrictions do not need to be in the Land Register, then perhaps land mortgage pledges should no longer need to be noted in the Land Register either, and perhaps this Land Register is completely redundant,” asks L. Zdanovska.
Opinion
Raimonds Vējonis, Minister of Environment: “Recording all imposed nature conservation restrictions in the Land Register will be a long process that requires funding. I cannot currently state exactly how many of the total nature conservation restrictions imposed in the country are currently recorded in the Land Register and how much money would be needed to consolidate all these restrictions in the Land Register.”
Material first published in the newspaper "Dienas Bizness" on 6 April 2005
* previous articles:
https://www.zemeunvalsts.lv/cies-nolaidibas-del-vai-15-gados-kaut-kas-ir-mainijies-atgadinajums-
https://www.zemeunvalsts.lv/apgrutinajumi-atklasies-kas-ir-mainijies-atgadinajums-ii-
https://www.zemeunvalsts.lv/datus-apkopos-devinus-gadus-kas-ir-mainijies-atgadinajums-iii-
https://www.zemeunvalsts.lv/perkot-ipasumu-neiekrist-slazdos-kas-ir-mainijies-atgadinajums-iv-