1978 May 10
99th Legislative Assembly 1977–1978
Act no. 39/1978 .
Entered into force on 1 January 1979. Amended by: L. 63/1988 (entered into force on 1 January 1989). Act 85/1989 (entered into force on 1 July 1992). Act 31/1990 (entered into force on 1 July 1992). Act 20/1991 (entered into force on 1 July 1992). Act 90/1991 (entered into force on 1 July 1992). Act 91/1991 (entered into force on 1 July 1992). Act 6/1992 (entered into force on 1 July 1992). Act 37/1993 (entered into force on 1 January 1994). Act 45/2000 (entered into force on 1 January 2001; implemented in accordance with the instructions in Article 13). Act 69/2008 (entered into force on 1 June 2008, published in the Official Journal, 13 June 2008).Act 83/2008 (entered into force on 1 January 2009, except for Article 22, which entered into force on 20 June 2008). Act 77/2010 (entered into force on 1 July 2010). Act 162/2010 (entered into force on 1 January 2011). Act 126/2011 (entered into force on 30 September 2011). Act 117/2016 (entered into force on 1 January 2018, except for Articles 52, 53, 75, 76 and 79–81, which entered into force on 28 October 2016). Act 151/2018 (entered into force on 1 April 2019, except for Articles 16 and 18, which entered into force on 9 January 2019). Act 161/2019 (entered into force on 4 January 2020). Act 25/2020 (entered into force on 1 April 2020). Act 82/2020 (entered into force on 21 July 2020). Act 85/2020 (entered into force on 21 July 2020). L. 125/2020(entered into force on 4 December 2020). Act 37/2021 (entered into force on 19 May 2021, except for Articles 1 and 7, which applied retroactively from 1 February 2021, and points b and c of Articles 4 and 5, which applied retroactively from 6 Jan. 2021).
- Chapter I. [Registrars.]1)
- II. Chapter. Execution of registrations and cancellations.
- III. Chapter. On the priority effect of registration and indecency.
- IV. Chapter. Registration regarding real estate.
- Chapter V. [Registration of registered ship, 5 gross tons and larger.]1)
- VI. Chapter. [Registration of registered ships subject to registration of less than 5 gross tons.]1)
- VII. Chapter. [Registration of liquid assets in general, including ships that are not subject to registration and ships that have not been registered.]1)
- VIII. Chapter. Compensation provisions.
- IX. Chapter. Entry into force, etc.
- Like this:
Chapter I. [Registrars.]1)
1)L. 85/1989, Art.
[District magistrates are registrars, each in their own district.] 1)
1)L. 85/1989, Art.
[Director of Public Registration] 1)shall not determine whether a document shall be notarised, [if it is disqualified under administrative law]. 2)However, [the Registrar] 1)usually intervene in the actions necessary to prevent legal damage.
[Representative of the district commissioner] 1)can resolve a registration issue, even if [the registrar] 1)behind those incidents is in the 1st paragraph. articles.
1)L. 85/1989, Article 3. 2)L. 37/1993, Article 36.
[The decision of the Director of Public Registration on registration pursuant to this Act may be submitted to a district court judge in the jurisdiction of the Director of Public Registration. Anyone with a legally protected interest is authorized to do so due to the decision of the Director of Registration. The decision shall be brought before a court before four weeks have elapsed if the applicant for registration or his / her agent was present with it, or otherwise before four weeks have elapsed from the time when he or his agent became aware of it.
If a party submits the decision of the Director of Registration to a court, a comment shall be recorded in the registration book.
The person who wants to carry out a decision on registration according to Art. Paragraph 1 under judgment, the Registrar of Registration shall be notified in writing. It shall specify the decision of the person brought before the court, a request for changes to it and the reasons for the claim. The Director of Registration shall hand over the certified photocopy of documents and a copy of the registration book as soon as possible. The person who wishes to bring the decision of the Director of Registration before a court shall without delay submit the case to the district judge. The Registrar may send his comments on the matter to the district court judge. The district court judge shall issue a reasoned ruling as soon as possible and no later than three weeks after he has received the case file.
If someone other than the applicant for registration wishes to submit a decision on registration to a court pursuant to Art. Paragraph 1 the Director of Registration shall notify the applicant for registration and, as the case may be, others who may have an interest and give them the opportunity to submit their written demands and comments. The district court judge shall then rule on the case and issue a reasoned ruling within the time limit specified in the third paragraph. If a district court judge considers a case to be particularly extensive, he may decide to hold an oral hearing on the subject matter of the dispute before it is decided.
The decision of the district court judge on the decision of the director of registration is subject to appeal to [National Court] 1)according to the general rules of civil action. A ruling shall be appealed before two weeks have elapsed from his dismissal if the complainant or his agent was present at it, but otherwise before two weeks have elapsed from the time he or his agent became aware of the ruling.
[Rulings of the National Court on matters listed in the first paragraph. Article 167 of the Code of Civil Procedure is subject to appeal to the Supreme Court. It is also possible to request permission from the Supreme Court to appeal to the court against the ruling of the National Court in appeals according to this chapter, which constitutes a final decision on the subject matter of the dispute.] 1)] 2)
1)L. 117/2016, Article 22. 2)L. 6/1992, Art.
II. Chapter. Execution of registrations and cancellations.
A document to be registered shall be delivered in the district where the registration is to take place, cf. Articles 20, 41, 43 and 47
[Registration with an electronic record is subject to the provisions of the first paragraph. where applicable.] 1)
1)L. 151/2018, Art.
The person requesting registration must hand in [the registrar] 1)document in duplicate, original and transcript or transcript. The copy, which [the Registrar] 1)is intended to be written on sound paper, which [the Ministry] 2)has legalized for this purpose. [It is also permitted to register by electronic entry.] 3)
If a document to be registered is written in a foreign language, [the Registrar] may 1)requires that it be accompanied by an Icelandic translation, written on a certified registration paper and made by a certified document translator, if possible.
Due to changes in the custody of registration documents, a regulation may set other instructions on the preparation of documents and the number of copies, which shall be submitted for registration.
[Electronic registration entry shall be confirmed by a valid electronic means.
The Minister may issue a regulation 4)on the implementation of registrations [and cancellations] 5)by electronic entry, including electronic security, certification, timestamps, identification, seal, payment and other matters relating to implementation and registration requirements [and cancellations] 5)by electronic entry.] 3)
1)L. 85/1989, 5. gr. 2)L. 126/2011, Article 80 3)L. 151/2018, Article 2. 4)Rg. 360/2019 , Coll. 1082/2020 , 278/2021 and 851/2021 .5)L. 161/2019, Art.
All documents submitted for registration shall be entered in a diary. [The same applies to documents submitted for cancellation where a calendar is kept on a computer.] 1)A diary shall be prepared in such a way that the submission of a copy of it can, as the case may be, with the necessary comments, fulfill the provisions of this Act on the publication of a weekly register of notarised documents, cf. Article 9 Paragraph 3
[If a document is submitted for registration, it shall be dismissed if any of the following matters apply:
a. a document is delivered in the wrong district,
b. real estate is not registered in the registration book… 2)
c. … 2)
d. document concerns direct or indirect ownership of real estate and is not mentioned [real estate number] 2)her,
e. the demarcation of land or plot is not in accordance with [real estate register], 2)
f. it is not unequivocal with which property a document belongs, which party the document concerns or what its contents are in other respects,
g. the document lacks the signature of the issuer and witnesses or others who can certify the document, cf. Article 22, if this is necessary,
h. a document is only delivered in one copy or a transcript or transcript is not written on certified registration paper.] 1)
[Conditions of points a – f of the second paragraph. apply to a request for registration by electronic entry.
Receipt of a request for electronic registration must be confirmed electronically.] 3)
After entry of a document in a calendar, it shall be signed and a transcript or transcript thereof. The endorsement shall include acknowledgment of receipt of the document and indication of the date and time of receipt. 3)
1)L. 45/2000, Art. 2)L. 83/2008, 24. gr. 3)L. 151/2018, Article 3.
After a document has been entered in a journal, the [Director of Registration] shall 1)verify whether there is anything to prevent the document from being notarised.
A document shall be dismissed from registration if its issuer violates the authorization for ownership in the manner specified in the document, cf. however, Articles 24, 25 and 51. Paragraph 3 The same applies if the registration is manifestly unnecessary for the protection of rights, if the reading of a document or other inscriptions is indistinguishable or the writing is such that there is a special risk that it may be misunderstood, as well as if the copies are substantially inconsistent or the document has other significant defect, that it is not considered appropriate to take it for registration and custody.
There are now items in the document, worded or unspoken, that are not in accordance with the contents of the registration book, but the document is still acceptable for registration. A comment shall then be made on the documents, if it must be considered that the inconsistency can have a significant effect on the right of the person to whom the document is intended to be granted. If two or more documents on the same property are submitted simultaneously for registration, cf. Article 15, and the rights they apply for, described together, a written comment shall be made on the documents on that incident. The same applies if a party, who only enjoys a conditional authorization for property, issues a document without analyzing the condition.
If a document is not notarised without a comment, the registration book must state that the document has been notarised with a comment.
[Director of Public Registration] 1)shall be paid as soon as possible and no later than within two weeks of the document being received for registration, whether it will be entered in the registration book. A document will not be delivered to the applicant for registration [or registration with an electronic record confirmed], 2)until this study is completed. If registration is refused, the applicant for registration shall be notified of the refusal immediately and the reasons for it in a letter of guarantee or in another secure manner.
1)L. 85/1989, Article 6. 2)L. 151/2018, Article 4.
[Registrars] 1)enter these books:
1. Real Estate Register of documents relating to real estate.
2. Ship register of documents relating to all ships subject to registration.
3. Vehicle register of documents relating to motor vehicles.
4. Liquidity book of all documents relating to liquidity in general, e.g. á m. ships which are not subject to registration, but documents on such ships may also be entered in the ship register in accordance with point 2, if [the Director of Registration] 1)it is considered more suitable.
[Books relating to real estate shall be computerized in [real estate register] 2)following further instructions from the Minister in a regulation. It shall prescribe security measures and the storage of registration documents. Until the registration part [real estate register] has been completed 2)Registration directors may use older registration books, loose-leaf books, cards or older computer systems. Other books shall be loose-leaf books, but may be kept in card form. [Minister] 3)determines their further arrangements, whether computer technology shall be used in the registration of the information they contain and whether this shall be done in some or all of the registration districts.] 4)
The term registration books in this Act refers to these books, unless otherwise stated.
In these books, [what] 4)ship and car subject to registration one or more sheets as required. Furthermore, a person shall be provided with a sheet in the liquidity register that establishes liquidity rights, including a ship that is not subject to registration. When documents are received for registration, they must be mentioned on the person’s sheet… 4)ship, cars and the legal sale of public chattels, and then in such a way that it is usually possible to issue a certificate of ownership and mortgage by handing over a photocopy of the paper.
1)L. 85/1989, 7. gr. 2)L. 83/2008, 24. gr. 3)L. 126/2011, Article 80 4)L. 45/2000, Art.
[Registration takes place in such a way that the main points of a document are entered in the registration book, as well as the time stamp of a diary entry. When registering, the status of a document is changed from “diary entry” to “registered”.] 1)
When a document has been entered in the registration book, the [registration director] writes 2)certificate of registration on copies of the document [or it is confirmed that registration has been made by electronic entry]. 1)
A register of registered documents shall be made weekly, and it shall be available at the office of the [Director of Registration] 2)full week. This register shall state who is the issuer of the document, its owner, type and other information required for the document to be adequately described. [Minister] 3)may decide to publish such files in an official newspaper.
1)L. 151/2018, Article 5. 2)L. 85/1989, Article 8. 3)L. 162/2010, Article 110.
The copies of notarized documents, which [the Registrar] 1)remains, shall be stored in special document boxes, and decides [the Ministry] 2)their type.
When a document is canceled, it must be removed from the document box and placed in the archives of [the Registrar] 1)and later to other archives as required by law. [If a request for cancellation is entered in a diary according to Art. Paragraph 1 Article 6 canceled documents shall not be taken from document cases.] 3)
[With a regulation, it may be decided that the storage of documents in computerized form replaces storage in document envelopes according to Art. Paragraph 1 This may be the case in some or all of the registration districts, as circumstances permit. The custody of documents can be limited in this way to certain types of documents.] 3)
A regulation may also stipulate that special technology shall be used for the custody of documents, such as the production of documents on microfilm. This may be the case in some or all of the registration districts. The custody of documents may be limited in this way to certain types of documents.
1)L. 85/1989, Article 9. 2)L. 162/2010, Article 110. 3)L. 45/2000, Article 4.
If in one and the same document more rights are created than those which the document is primarily intended to grant, the attention of the [Director of Registration] 1)specifically drawn on, either by endorsement of the document itself or by underlining in the text of the document, the rights to which the registration should apply.
1)L. 85/1989, 10. gr.
If a mortgagee gives up some or all of his mortgage right according to a mortgage bond or security bond (he does not release a mortgage) or he agrees to a new mortgage or transfer of his mortgage right (mortgage license) or he makes some similar statements, due to his mortgage right, [and may do so by electronic entry]. 1)[Mortgage bonds and guarantee bonds must always be signed for the change in mortgage.] 2)[[If about [registration of a document] 2)will be involved] 1)such declarations shall not be notarised unless the mortgage itself or a copy thereof, with an endorsement of the mortgage change, is shown or handed over to the Registrar so that he can make sure that it is sufficiently mentioned in the mortgage itself.] 3)
1)L. 151/2018, Article 6. 2)L. 161/2019, Article 2. 3)L. 45/2000, 5. gr.
The cancellation of a document takes place in such a way that a line is drawn over the entry of the document in the registration book and it must be stated when such a deletion took place, and reference is made to the document that authorized the cancellation. Deletion should be made in such a way that there are no problems in reading what was previously recorded later. [Cancellation of a document in the registration book takes place in such a way that the status of a document is changed from “registered” to “canceled”. Information on canceled documents and the declaration of the rightholder shall be kept in the CV of the property in question in the registration book.] 1)Once grown, a copy must be returned to its party.
[If a document has been delivered with a signed declaration by the right holder that it can be canceled, a certificate of the cancellation must be written on that copy of the document and state when it took place and where it is mentioned. The Director of Registration saves the signed copy of the cancellation in the registration book.] 1)Then write a certificate of cancellation on the original of the document and state when it took place and where it is mentioned. When grown, a copy shall be returned to his party.] 2)
1)L. 151/2018, Article 7. 2)L. 45/2000, Article 6.
III. Chapter. On the priority effect of registration and indecency.
A document is not considered to have been submitted for registration, unless [the Registrar] 1)the information he requests is also provided, and a lawful payment is made for the processing of the document.
[A document submitted for registration will be time stamped at 21 on the day it is deemed delivered. Documents received after office hours are considered delivered the next working day.
An electronic registration entry in a diary is time-stamped when it is received and is considered delivered for registration at that moment.] 2)
1)L. 85/1989, Article 13. 2)L. 151/2018, Article 8.
[A document is registered when it has been entered in the registration book…, 1)but the priority effect of registration is counted from [that date] 1)when a document was submitted for registration, cf. however, the second paragraph. Article 14, provided that the document is acceptable for registration.] 2)A document is considered to have been submitted for registration at [the date specified] 1)is in a diary, unless full proof is provided to the contrary. Now two or more incompatible documents are delivered [simultaneously] 1)for registration, and they are then equivalent in registration value. … 1)If documents for two enforcement actions (detention actions) or more are submitted simultaneously, the oldest of them is the most correct. If the owner hands over his property to another person and has also reserved rights over the property, such as a lien or pre-emptive right, the right that rights the younger owner may create for other persons then prevails, if the younger owner’s document contains the reservation of the right of the older owner and the document indicating this is delivered at the latest at the same time as the document called the rights of the younger owner’s counterparty.
1)L. 151/2018, Article 9. 2)L. 45/2000, Article 7. 3)L. 31/1990, Article 44.
If traditional rights to real estate have not been registered, they shall nevertheless remain unaffected, despite the fact that Articles 15 and 29, cf. Article 32 of this Act should lead to a different conclusion, if the party who has acquired the right to the same real estate has not filed a lawsuit to enforce his right within two years from the time he acquired his rights.
If the traditional period has not expired, when a party received his right, he must follow up his right with a lawsuit, before the above-mentioned deadline expires, provided that the traditional period is completed during the deadline.
Upon completion of the tradition, the rights over the property that would be contrary to the uses permitted by tradition lapse.
Now the [registrar] counts 1)themselves can not decide what fee or fees should be charged for a document that has been submitted for registration, without consultation with the relevant ministry. He shall then enter the document temporarily in the registration book and state that the entry is not final. As soon as the Ministry’s reply has been received [Director of Registration], 1)he shall inform the person delivering the document in a secure manner of the Ministry’s decision on fees. If the fees are paid accordingly within two weeks of the notification being sent to the party, the [Director of Registration] shall 1)book in the registration book, that the entry is final, as the priority effect of the registration is then counted from the time a document was submitted for registration. [Alternatively, the Director of Registration draws a line over the entry of a document in a registration book or deletes a document in a computer system, and the effect of the registration is then deleted.] 2)
1)L. 85/1989, Article 14. 2)L. 45/2000, Article 8.
If the content of a document is incorrectly entered in a registration book, the document has been entered in the registration book within the time limit specified in Article 7. Paragraph 5, or a document that does not comply with another document that was previously received for registration, is entered in the registration book before that. It is then possible to stipulate in a court of law that the right of the person granting this document shall give way to a right which is later notarised and based on an agreement, provided that the right holder is innocent of these incidents. The conditions of this are:
A. that the younger right holder would be compensated for undeserved damage, if he had to blur, and
B. that the damage would be to the right holder, if he had to be mitigated, much more detrimental than the older one or would lead to significant disruption of later registered rights , if the right of the person who made the mistake prevails.
In this Act, carelessness means that the right holder, by agreement or legal act, neither knows nor should know the unregistered rights.
IV. Chapter. Registration regarding real estate.
1. Conditions for a document to be notarised.
A document relating to real estate shall be registered in the district in which the property is located.
1)L. 83/2008, 24. gr.
A waiver will not be registered as a title deed, if it is subject to other conditions for the transfer of ownership than the settlement and payment of the purchase price within a specified time limit. [A waiver will also not be registered as a title deed if it does not contain information on the purchase price of the property, unless it is clearly stated in the document that there is no consideration for the property.] 1)
1)L. 85/2020, Article 3.
A waiver or mortgage not issued by the government or other public bodies will not be registered unless the signature is confirmed by a notario publico, [lawyer] 1)or [his representative], 1)a certified real estate agent, or two witnesses. It must be clearly stated that the issuer wrote his name or recognized his signature in the presence of the person or persons confirming the signature, as well as that he was in possession of funds when he wrote his name. [Witnesses must state their ID number, or depending on the date of birth and address.] 2)
Signing for approval according to Article 24. shall be confirmed in a similar manner.
[A valid electronic signature on the application for registration by electronic entry confirms the date and signature. The issuer’s finances shall be verified in a list of deprived persons.] 3)
1)L. 117/2016, Article 23. 2)L. 45/2000, Article 10. 3)L. 151/2018, Article 10.
A document to be registered may be subject to probation, but its content must be finally decided. Collateral letters can still be registered, even if only the maximum amount of debt is analyzed, the letter is to be insured.
If a document is based on a legal instrument, and it will not be entered in the real estate register if the issuer fails to register a property to dispose of the property specified in the document, or he lacks the written consent of the person enjoying such authorization, cf. however, Article 51 Paragraph 3
Enforcement and detention of property will still be registered, even though the respondent lacks a registered authorization for the property. [A waiver issued due to a forced sale will be entered in the real estate register, even though the basis for the sale] 1)is a lien established by a legal instrument by a person who did not have or has a registered authorization or the same was the case with the person with whom enforcement was carried out. [If the lien on enforcement or detention has not been entered in the registration book, the director of registration shall be authorized to form a temporary property in the [real estate register]. 2)Such temporary registration does not replace the [establishment of real estate in the real estate register according to Art. Article 14 Act no. 6/2001 ]. 2)] 3)
An exchange waiver for a property will not be registered if the person expressing the waiver has owned the property, is not its registered owner… 1)
A judgment on the right to real estate will not be notarised, unless it binds the person who enjoys a notarised right to property, as the law does not state otherwise.
1)L. 90/1991, Article 91. 2)L. 83/2008, 24. gr. 3)L. 45/2000, Article 11.
A person who registers a registered title has a registered title at any given time. The same applies to the person who proves that the right of ownership has been transferred to him due to the death of the owner. Similar rules apply to registered authorization for other rights.
Now [heirs have completed a private transfer to the estate of the deceased] 1)and register a deed of exchange or a declaration that real estate has become their property or one of theirs, and this is a sufficient right of ownership for them, cf. however, the third paragraph. Article 24 If the spouse lives in an undivided estate, it is sufficient to register the permission of [the district commissioner] 1)for residence.
If a property is sold [by forced sale, and the sheriff shall then] 2)take steps to ensure that it is mentioned on the property sheet in the real estate register. A similar obligation rests on the [liquidator] 1)at the beginning of bankruptcy proceedings and public liquidation of estates and at the beginning of composition agreements. No registration fee shall be paid for the entry of such notifications.
1)L. 20/1991, Article 136. 2)L. 90/1991, Article 91.
A person who has a registered ownership right to a property also enjoys such a right to individual parts of it, e.g. á m. buildings that have been or will be built on the property, unless the real estate register mentions another right holder.
If documents are registered which give ownership of a building to someone other than the landowner, a special sheet shall be included in the real estate register for the construction.
Inheritance rights and other permanent rights of use shall be selected in a separate sheet in the real estate register. A person who enjoys the right to such a right is also considered to have a right to buildings that stand on the land covered by the right to rent, unless otherwise stated.
2. Correction of incorrect entries. Temporary protection of rights.
Now [registrar] becomes 1)notices that an entry in the real estate register is incorrect or that an error has occurred in the registration otherwise, and he shall then rectify it. If it can be assumed that certain parties have received incorrect information about property due to the mistakes, the [Director of Registration] shall 1)inform them of the facts of the case, if possible, in a letter of guarantee or in an equally secure manner.
If a person states that an entry in a real estate register is materially incorrect and looks to court proceedings, then he has the opportunity to have his claim for correction registered, if he gives strong reasons for his statement, in the opinion of [the director of registration], 1)or provides a guarantee as provided by [the Registrar] 1)provides for. If he does not provide proof of his statement within the time limit, which [the Registrar] 1)puts it, the comment should be crossed out in the real estate book.
1)L. 85/1989, Article 16.
If a case concerning the rights of immovable property is brought before a court, the court may decide by a ruling that the summons or an extract from it may be registered. If the judge refuses this, and that decision can be appealed to [the National Court and the appeal is dealt with in accordance with the Act on Civil Procedure]. 1)… 2)[Decisions of the National Court other than those laid down in the first paragraph. Article 167 of the Code of Civil Procedure will not be appealed to the Supreme Court.] 1)
If the case is initiated, or a judgment is passed in the plaintiff’s favor in favor of claiming or recognizing rights over the property. A comment on a policy in the real estate register shall then be deleted at the request of the defendant or others who have an interest, when a case has been initiated, the appeal period ends without an appeal or the judgment of the Supreme Court has ruled on the case.
1)L. 117/2016, Article 24. 2)L. 91/1991, Article 161.
3. What rights are subject to registration and to what extent.
The rights to real estate shall be registered in order for them to remain valid against those who establish their right to contracts for the property, and against the debt collectors of the owner or other right holder of the property.
A contract or legal basis on which debt collectors are based may not invalidate an older unregistered right that is subject to registration, unless this document is registered itself, if registration is required, provided that the right holder by agreement is unjustified about the right to be enforced.
Now the mortgage is registered, and you need it… 1)to register the transfer of a mortgage or deed (act), which concerns another type of transfer of rights to it. The same applies to the mortgaging of a mortgage, when it is created by pledging the bond.
1)L. 151/2018, Article 11.
The establishment of the right of use and the transfer of the right of use are not subject to registration:
1. If the period of use is a maximum of 12 months or it is possible to terminate the contract with notice, which is not longer than 3 months, based on general travel.
2. If the period of use is not longer than 2 years or a contract may be terminated with notice, which is not longer than 6 months, provided that the contract concerns commercial premises. Utilization agreements, which are subject to the provisions of the legislation on land ownership, are not subject to registration.
Advance payment of rent for a period longer than one year and a reduction in rent from what is stated in a notarised agreement are subject to notarization, provided that these events are not specifically mentioned in the notarised agreement.
The legal protection of mortgage rights is not subject to registration, unless otherwise provided by law. Legal protection of expropriation proceedings, on the other hand, is subject to registration. The same is true of rights acquired through tradition.
4. Legal effect of registration.
A person who acquires rights through a contract with a registered owner of property does not have to face the objection that the credentials of his predecessor are invalid, if he is unaware of the invalidity event when he acquired the rights.
Counterclaim, which relates to a document according to para. is forged or obtained through the use of such coercion, is in Article 28. Act no. 7/1936 , but will not be lost. The same is true of the objection that a document is invalid due to the issuer’s lack of jurisdiction for youth.
A document is now notarized, which is invalid by law. If the defect disappears later, there is no need for a new registration, but the priority effect of the registration is then counted from the fact that the defect is alleviated.
Rents, fees and other payments will be made to those who are authorized by a registration book to provide them with a receipt, so that it is binding, provided that the payer is unaware that the authorization has later disappeared on behalf of another person. A similar situation applies to redundancies and similar actions.
The repayment of a mortgage bond and actions based on it are governed by special rules on commercial bonds.
5. Lapse of registration.
a. Temporary validity of registration.
Now there is a registered restriction or obligation on property, and they are not meant to be permanent. The effects specified in Article 15 shall then be deleted when 30 years have elapsed since the restriction was registered, provided that it is not re-registered before this deadline expires, cf. however, Articles 36 and 37.
The registration of an endorsement of a previously notarised document shall not invalidate the time limit referred to in the first paragraph, if the endorsement does not imply special recognition of the existence of the restriction. An increase in the amount of a mortgage constitutes such recognition.
If a document covers a specific period for which it is intended to apply, or is limited to the life of the right holder, the provisions of Article 35 shall apply. not applicable.
If the minimum period for the validity of a document is mentioned, the legal effect of the registration will never be removed until three years after the end of that period.
For mortgages, the effect of registration does not disappear until at least five years have elapsed from the date on which the debt was to be paid in full in accordance with the provisions of the letter or the debt could first be finalized before termination by creditors, but the provisions of para. . Article 35
The effect of a registration on a mortgage, arising out of foreclosure, foreclosure or similar proceedings, does not lapse until a full five years have elapsed since the proceedings were registered. The effect of a declaration of detention and an injunction is lost two years after the declaration of a judgment or a court ruling on its validity.
The provisions of the first paragraph. is not possible if a notification from the rightholder is registered before the deadline that the restriction has not expired. From that notification or new registration, new deadlines, equal to the first, from the last previous registration begin to count.
[Director of Public Registration] 1)monitors, as far as possible, whether the legal effect of a particular registration has been deleted, and it must be removed from the real estate register, if applicable, on its own initiative. The same applies if the court is manifestly over. [Director of Public Registration] 1)shall, however, normally send the right holder a special notification of the impending annulment, so that the right holder has the opportunity to prevent the effect of the registration from being lost.
It is now the prospect that ownership, which has been registered for at least twenty years, has been completed, and then [the Registrar] can 1)at the request of the owner issued a challenge, which shall be published three times in Lögbirtingablaðið, to prospective rightholders to assert their rights within four months from the last publication of the challenge. If possible, a special notice shall be sent in a letter of guarantee to the person named by the real estate register. If no one shows up, the ownership shall be abolished.
If ownership is misappropriated, the rules of Article 18 shall apply. where applicable.
If the ticket is sold, the deadline shall be 35-37. gr. when registering a document, the date of entry in the registration book shall be used.
1)L. 85/1989, Article 17.
Ownership shall be canceled when proof of its cancellation is registered or a document is delivered with a declaration by the rightholder that it may be canceled [or cancellation is made by electronic entry]. 1)
A mortgage bond or security bond will not be canceled, however, unless a receipt or consent to cancellation is written on the letter itself [or the confirmation of the registered right holder of the cancellation of a document is registered, provided that the creditors’ registration has been corrected… 1)]. 2)… 2)
When a notarised document has been invalidated by a court, it may, however, be canceled if a copy of the judgment is submitted with a signed request from the judge for cancellation.
[If a property is sold by forced sale, then ownership may be removed from the registration book in accordance with what is laid down in the waiver of the forced sale when it is registered.] 3)In order for such [documents] 3)will be removed from the registration book, they do not have to be handed over, but the [registration director] must be able to 4)its endorsement of the copy of the document which he kept, why it had been erased.
If the evidence presented by the person requesting the cancellation is not considered satisfactory, the cancellation shall be refused.
1)L. 161/2019, Article 3. 2)L. 151/2018, Article 12. 3)L. 90/1991, Article 91. 4)L. 85/1989, Article 18.
Chapter V. [Registration of registered ship, 5 gross tons and larger.]1)
1)L. 69/2008, Art.
Establishment and protection of property rights and restrictions on a registered ship, which is 5 [gross ton] 1)or larger, or part of such a vessel, is subject to the rules of real estate, as far as possible.
If the right holders of real estate are granted a special advantage in law in recovering their claims, then such right holders enjoy the property which is the first paragraph. covers, parallel benefits.
1)L. 69/2008, Art.
Registration of documents relating to ship 5 [gross ton] 1)or greater, shall take place there in the district in which the ship is registered. [Clause 4 . and Article 5. Maritime Act, no. 34/1985 ], 2)however, retain their value as appropriate.
1)L. 69/2008, Art. 2)L. 151/2018, Article 13.
The name change of a registered ship requires the approval of its registered owners. The name change and transfer of a ship shall be [the Director of Registration] 1)notify indirect rights holders in the vessel, if known. Notification of transfer is handled by [registration director] 1)in the registration district of the ship from which the ship is transferred.
[There is now a registered ship covered by this chapter of the Act between districts. The director of registration in the district to which a ship is transferred will then be active after the ship has been re-registered in the main ship register. Registered documents about the ship shall be accessible in computerized form in the ship register of the Director of Registration.] 2)
The legal effect of registration does not interrupt the transfer of a vessel between districts.
1)L. 85/1989, Article 19. 2)L. 69/2008, Article 3.
VI. Chapter. [Registration of registered ships subject to registration of less than 5 gross tons.]1)
1)L. 69/2008, Article 8.
[Document relating to a registered ship of less than [5 gross tonnage] subject to registration, 1)shall be registered where the ship is registered.
Ownership permit for a registered ship subject to registration, which is less than [5 gross tons], 1)does not need to be registered, but the ownership authority specified in the ship register shall be considered a sufficient basis for the registration of documents from those whose owners are registered there. If the issuer of a document is not the registered owner, the document shall be dismissed from registration unless there is written consent from the registered owner with his confirmed signature in the manner of Article 22.
Any ownership of a registered ship subject to registration shall be registered in order for it to be valid against those who inadvertently enter into an agreement with their owners and against debt collectors.
Mortgages on these assets shall be submitted for registration at the same time as specified in the first paragraph. Article 48 and the signature and jurisdiction of the issuer, as well as the correct date, shall be confirmed in the manner of Article 22.] 2)
1)L. 69/2008, Article 5. 2)L. 63/1988, Article 3.
Mortgages on a registered ship less than [5 gross tonnage] 1)… 2)shall be removed from the registration book, when 15 years have elapsed since the registration of the letter, provided that [the registration director] has 3)no notification will be received for registration within this deadline stating that the letter is still valid. In other respects, the provisions of Articles 36 and 37 shall apply.
1)L. 69/2008, Article 6. 2)L. 63/1988, Art. 3)L. 85/1989, Article 20.
[[A ship subject to registration within 5 gross tonnes is now transferred between registration districts. The director of registration in the district to which a ship is transferred will then be active after the ship has been re-registered in the main ship register. Registered documents about the ship shall be accessible in computerized form in the ship register of the Director of Registration.] 1)
The legal effect of registration is not interrupted before the transfer of a ship.
[Director of Public Registration] 2)in the previous registration district sends indirect rights holders, if they are known, a notice of the transfer of a ship between districts.] 3)
1)L. 69/2008, Article 7. 2)L. 85/1989, 21. gr. 3)L. 63/1988, 5. gr.
Of the provisions of IV. Chapter I of this Act applies to the assets covered by this Chapter, Articles 21-23. Article 25 and, as appropriate, provisions 27-28. gr. and Article 29. Paragraph 2 and 30. – 39. gr. (cf., however, Article 44).
VII. Chapter. [Registration of liquid assets in general, including ships that are not subject to registration and ships that have not been registered.]1)
1)L. 63/1988, 6. gr.
A document concerning liquid assets, e.g. á m. a ship that is not subject to registration, or has not been registered, shall be registered at the home defense assembly of the owner of the property that has been deported, or of the person who must be subject to a restriction of rights. If he does not have a venue in Iceland, the document can be registered in Reykjavík.
If a registered company or association is the owner of a memorandum, a relevant document shall be registered in the registration district in which they are registered. If other associations are owners of memorabilia, a document shall be registered at the venue of the chairman of the association’s board. In the case of a special common property, a document shall be registered at the venue of the person representing the common property, otherwise at the venue of all co-owners.
[If a document relating to a registered car is registered and the title deed does not have to be registered, the title deed identified in the car register shall be considered a sufficient basis for the registration of documents from those who are registered owners. If the issuer of a document is not the registered owner, the document shall be dismissed from registration, unless the written consent of the registered owner with his confirmed signature in the manner of Article 22 is obtained]. 1)
If the owner moves out of a registration district or a change of ownership becomes an asset, registration can be resumed, but it is not necessary.
Of the provisions of IV. Chapter I of this Act shall apply from the 22nd to the 23rd. Article 29 Paragraph 2 and 30. – 39. gr. (cf., however, Article 48) as applicable.
1)L. 63/1988, 7. gr.
Mortgages, which provide self-custody mortgages in liquid assets, e.g. á m. a ship that is not required to be registered or registered shall be delivered to [the Registrar] 1)for registration within three weeks of publication… 2). In addition to confirmation of the signature and jurisdiction of the issuer in the manner of Article 22. shall also certify that the date is correct.
Registration is a precondition for mortgages to remain valid against rightholders in accordance with agreements made in vain with the owner of the mortgage on mortgaged movable property, and against debt collectors.
If registration does not take place within the time limit covered by this Article, the mortgage shall not be valid against the parties referred to in the second paragraph.
A mortgage that provides a mortgage on certain movable assets shall be taken from the registration book, when ten years have elapsed since the registration of the bond, if [the registrar] 1)no notification is received within this deadline that the letter is still valid. In other respects, the provisions of Articles 36 and 37 shall apply.
The legal effect of a registration on the mortgaging of a commercial paper vis-à-vis the unsuspecting holders of the bond is subject to the endorsement of the bond itself regarding the mortgaging.
1)L. 85/1989, Article 22. 2)L. 151/2018, Article 14
VIII. Chapter. Compensation provisions.
Now one suffers damage, which must be considered probably the result of a mistake [the registrar] 1)or of events specified in items d and e of this article, but the claimant is not to blame for it, and he is then entitled to compensation from the State Treasury, if the damage is due to it:
a. That he has trusted the registration certificate [registration director], 1)sbr. Article 9, or a certificate from the [Director of Registration] 1)on the content of registration books (mortgage certificate), provided that the party is innocent.
b. A document that has been submitted for registration has not been registered, or registered too late.
c. That a document must be blurred for a later notarized document according to Article 18.
d. To the source document, which is specified in the second paragraph. Article 33, is registered and a party has entered into an agreement on real estate or a registered ship, 5 berths or more, in the confidence that the document is valid.
e. That the provisions of Article 38 or 50 have led to his rights being revoked.
1)L. 85/1989, 23. gr.
IX. Chapter. Entry into force, etc.
A person now takes ownership of a specific property upon the entry into force of this Act, but his registered right of ownership is somewhat lacking. Is he then entitled to turn to [the Registrar] 1)at the venue of the property with a declaration that he is the owner of the property. The conditions for him to receive unrestricted ownership on the basis of the declaration are the following:
a. that he has in his possession a document of authority, which is deficient and has been registered at least 5 years before this authority is consumed, or
b. has in his possession a source document from a man who has had such a document registered 5 years ago at least.
Now the [registrar], 1)that these conditions are met, and he then issues a challenge to the rightholder to assert his rights within four months from the last publication of the challenge, subject to the loss of rights. This challenge shall be published three times in Lögbirtingablaðið at the expense of the applicant. If no one submits within this deadline, the [Director of Registration] registers 1)a note in the registration book stating that the right of ownership is not lacking.
If a person breaches a notarised right of ownership and at the same time a certificate of his rights, a property lawsuit shall be instituted as the conditions exist]. 2)
1)L. 85/1989, 24. gr. 2)L. 91/1991, Article 161.
If the law on the right to real estate, a registered ship or a registered car is fully established before the law enters into force, and the rights would have remained valid against a third party without registration under the previous law, and they are also valid in the same way in the future.
Rules of Articles 22 and 24, cf. Articles 43 and 48 of the Act will not apply to documents issued before their entry into force.
If a building property is without registered plot rights due to the fact that for special reasons the plot owner does not want to enter into a temporary use or lease agreement for the plot, the provisions of the first and third paragraphs shall apply. Article 24 of the Act does not apply to documents relating to such real estate. Article 50 of the Act does not apply to such assets.
Paragraph 1 Article 33 and Article 49 (d). apply only to documents which are registered after the entry into force of this Act and no special exceptions apply.
Documents registered before 1 January 1949 may not be removed from the registration book pursuant to Article 35, cf. Article 38, before 1 January 1984.
The documents referred to in Article 37, Article 44. and Article 48. and is registered before the entry into force of the Act, shall not be removed from the registration book before 1 January 1986.
For the next 5 years after the entry into force of the Act, registration judges shall carefully examine registration books to rule on rights that may have lost their validity. Rights that are manifestly revoked are governed by Art. Article 38 Paragraph 1 If there is any doubt as to the validity of individual rights, the judge should seek information from the right parties. It is also possible for him to apply the provisions of the second paragraph. Article 38 where applicable.
The registration books entered when the Act enters into force shall be used until [the Ministry] 1)prescribes new books or the use of new technology. When new registration books are introduced, the rights that have obviously lapsed shall not be transferred. [Ministry] 1)decides when the provisions of Art. frv. 2)implemented in individual districts.
[Ministry] 1)decides when to enter documents in diaries according to Art. shall be included in individual districts. Until such a decision has been made, the receipt of documents and their signatures shall be arranged in the same manner as before the entry into force of this Act.
1)L. 162/2010, Article 110. 2)Seems to be “the law”.
[Ministry] 1)sets in a regulation 2)provisions on the implementation of this Act, including on registration paper, appearance of documents and materials, transcripts of documents, on storage of documents, arrangement of registration books and their entry, on registration certificates, and to what extent the public has the opportunity to familiarize themselves with the contents of registration books. Furthermore, further provisions shall be made for the publication of documents which have been entered in the registration books.
[The Minister decides in a regulation 3)what types of documents can be registered by electronic entry, what information is considered the main document and on what types of assets according to Art. IV. – VII. section can be registered by electronic entry.] 4)
1)L. 162/2010, Article 110. 2)Rg. 405/2008 , Coll. 1152/2014 .3)Rg. 360/2019 .4)L. 151/2018, Article 15.
Article 54 …
This Act shall enter into force on 1 January 1979.
[Ministry] 1)oversees the transfer of real estate registration books to [real estate register] 2)in collaboration with [National Registry of Iceland] 3)in order to form a registration section [real estate registers] 2)in accordance with the law on registration and valuation of real estate. On the preparation of registration parts [real estate register] 2)subject to the provisions of this Act.
Before information from the registration book is transferred to [real estate register] 2)the director of registration shall compare the description of the property as it is in [real estate register] 2)and a registration book. In the event of a discrepancy, the Director of Registration shall record comments on this in the [real estate register]. 2)
If a property in the registration book is not identified by a fixed number or country code, the director of registration may use the identification of the property in [real estate register], 2)as there is no doubt that it is the same property.
When demarcating land in [real estate register] 2)shall form the basis of the description of the property boundaries in the registration book if they exist, otherwise the description shall be used in the land register. If information on the demarcation of land is not available, neither in the registration book nor in the land register, the director of registration may use the demarcation as a basis according to the municipality’s registers.
[Minister] 1)otherwise sets further rules on how to deal with discrepancies in registration between registration books and [real estate registers]. 2)] 4)
1)L. 162/2010, Article 110. 2)L. 83/2008, 24. gr. 3)L. 77/2010, Article 5. 4)L. 45/2000, brbákv.
The registration of creditors shall be corrected according to mortgages other than bearer bonds in the registration book. If the creditor is the Treasury, a public institution, a bank, a savings bank, a pension fund, an insurance company or a mutual fund, the registration of creditors may be corrected without the original or photocopy of the mortgage being presented as proof of transfer. In other cases, a signed original or copy of a mortgage must be presented in accordance with Articles 12 and 39. The aim is for the correction of creditors’ registration to be completed within one year from the entry into force of this Act.] 1)
1)L. 151/2018, Article 16.
Notwithstanding the provisions of this Act, an annex to mortgages, where the creditor is a public institution or financial undertaking or pension fund with a valid operating license, which only provides for deferral of payments on debts of individuals or companies, including [interest and / or installments, up to 18 months, from 16 March 2020 to 1 May 2021], 1)due to the coronary virus pandemic, the same legal effect as if it had been registered and approved by subsequent mortgagors. Annex according to 1st sentence shall be signed by the borrower, or by someone authorized to bind legal entities, with an autograph signature and certified in accordance with Article 22. or signed with a valid electronic signature.
In the appendix according to Paragraph 1 it should be noted that a change in terms is made due to the coronary virus epidemic. Annex according to Paragraph 1 shall be registered for [31. December] 2)2021.
Mortgage bonds and guarantee bonds shall always be signed for a change in the terms contained in the appendix pursuant to Art. Paragraph 1] 3)
1)L. 125/2020, 1. gr. 2)L. 37/2021, Article 9. 3)L. 25/2020, Article 16.