Act on land registration (Land Registration Act)

1. a journal of the documents for which registration is requested,
2. the Land Register for documents concerning land,
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If the conditions for registration are met, the document shall be noted in the land register in question within two weeks of its entry in the journal.

If the conditions are not met, registration of the document shall be refused. The decision shall be made on the basis of the document itself and the other documents and evidence as are available. If the Registrar sees fit, he may obtain information.

The Ministry may decide that information or certifications it deems necessary for the Registrar's verification shall be provided in a prescribed manner.

Section 8. A document may be denied registration if it is confusing or unclear in such a way that there is doubt about how it should be entered in the Land Register.

Section 9. Should registration of a document be refused, a note to that effect shall be made in the journal. The person who requested the registration shall immediately be notified by registered mail of the refusal and the reason for it, of the right to appeal and the time limit for lodging an appeal. If other persons are directly affected, such notice shall at the same time be given to them.

Notice as mentioned in the first paragraph shall also be given in other cases where a person has requested a proceedings that has been refused by decision of the Registrar.

Section 10. The time limit for lodging an appeal by the person who has received notice pursuant to section 9 shall be one month from the date the notice was sent. For others, the time limit shall be one month from the date on which the person received or should have obtained knowledge of the decision, cf. however sections 10 a and 10 b.

Section 31 of the Public Administration Act similarly applies regarding exceeding the time limit for an appeal, cf. however sections 10 a and 10 b.

The Registrar shall prepare the case for the Court of Appeal and provide an account of the case as necessary for the appellate court.

Concerning coverage of the costs by the public purse, section 36 first paragraph and third paragraph, first and second sentence, of the Public Administration Act shall apply accordingly.

Section 10a. If an appeal is lodged due to the refusal to register a document after the expiry of the time limit pursuant to section 10 first paragraph, first sentence or third sentence if applicable, the appeal cannot be upheld if this could cause a loss for someone who in good faith had a document entered in the journal after the document for which registration was refused had been entered in the journal.

Nor can an appeal be upheld if the document entered in the journal at a later time is a mortgage bond that complies with the rules for negotiable debt instruments, if this could cause a loss for someone who in good faith acquired the bond after the expiry of the time limit in section 10 first paragraph, first sentence. The holder of such a mortgage bond that is entered in the journal after the document to which the appeal applies shall be obliged under the orders of the Registrar to submit the bond for endorsement regarding the appeal or for safekeeping during the case. The Registrar may prohibit the holder from disposing of the bond before endorsement is granted or the appeal is finally decided. The appeal cannot be upheld unless the bond is endorsed or kept by the Registrar or in another satisfactory manner.

Section 10b. An appeal of the registration of a mortgage bond which complies with the rules for negotiable debt instruments cannot be upheld if the bond after the expiry of the time limit in section 10 first paragraph, first sentence, is acquired by someone in good faith.

The holder of the bond is required by order of the Registrar to submit it for endorsement of the appeal or for safekeeping during the case. Section 10a second paragraph, third and fourth sentences shall apply accordingly.

Section 10c. (Repealed by Act No. 47 of 29 June 1990.)

Section 11. The Registrar shall attest each registered document.

When a document relating to land contains information that is inconsistent with that shown in the Land Register, this shall be noted in the certificate.

When a mortgage bond or letter of indemnity is registered, certificates shall be issued at the same time for a mortgage that is registered on the same day or earlier and for other registered charges that by their nature and their scope might reduce the coverage of the mortgage.

The Ministry may issue further regulations about what the certificates shall include by way of comments and how they shall be given. Similarly, regulations may be issued on noting of registered matters other than charges.

Chapter 3. Registration concerning land.

Section 12. Unless otherwise provided by law, a document may be noted in the Land Register only when it is to create, modify, assign, pledge, acknowledge or terminate a right attached to land in the jurisdiction.

Section 12a. When the Cadastre Act requires a cadastral survey to be carried out, documents that convey registered title to a proprietary right or entitlement to ground lease, cannot be registered if not a notification to the registration on the establishment of the cadastral parcel at the latest simultaneously is registered in the Land Register. 

Documents that convey registered title to cadastral parcels cannot be registered unless the cadastre states that registration can take place for that parcel. If the document describes transfer of title as part of inheritance, administration of an estate or enforcement of claims, or concerns condominium units or leasehold interest for a period of 10 years or less, it is sufficient that the parcel be entered in the cadastre. Documents that change boundaries of cadastral parcels cannot be registered until the change has been entered in the cadastre, except as otherwise provided by court of law.

Section 13. If the document describes a juristic act, it may not be noted in the Land Register unless the issuer has registered title or the consent of the title holder.

A forced sale title deed cannot be noted if, at the time when the decision on the forced sale was noted, the title holder had not been named as defendant in connection with the forced sale or had not been notified of the sale according to section 11-8 first paragraph of the Enforcement Act. A transfer to mortgagee declaration pursuant to section 117c of the Bankruptcy Act can only be noted if the debtor in bankruptcy was the title holder at the time bankruptcy proceedings were noted.

A title deed in probate cannot be noted if the person whose estate is being distributed did not have registered title.

When not determined by law, a judgment cannot be noted, unless it is binding on a person who has registered title.

Documents concerning legal acts that require consent or court permission pursuant to the Marriage Act can only be noted when the consent or final permit is issued.

A document relating to co-owners' joint rights and obligations in a condominium unit co- ownership can be noted in the Land Register if it is signed in accordance with section 43 first paragraph of the Condominium Unit Act, or by the title holders of all units.

Section 14. Only a person whom the Land Registry shows to be the owner or who can show that possession has passed to him upon the death of the owner, shall have registered title to estate in land.

For a document to convey registered title to estate in land, it must show an unconditional transfer of ownership, or, if the transfer is conditional, that the fulfilment of any condition either be shown by proof duly registered or be a matter of common knowledge.

Corresponding rules shall apply in respect of registered title relating to other interests in land.

Section 15. Anyone who has registered title to a property also has registered title to its component parts, including buildings that are or will be erected on the property, unless the Land Register designates another person as entitled to them.

If a lease to a part of the property is noted in the Land Register and the land the lease covers, in pursuance of the provisions that the Ministry lays down, is treated as a separate property with its own page in the Land Register, the person who has registered title to the lease is also considered as having registered title as owner of buildings on the leased land.

Section 16. If the issuer's authority is defective, the Registrar may, instead of refusing to register the document, set a time limit for rectifying the defect, if he has reason to believe that this will be done within a reasonable time. The document shall then be provisionally noted in the Land Register with the appropriate note. If the defect is not corrected before the expiry of the time limit, registration of the document shall be refused.

Section 17. For a title deed or mortgage deed which was not issued by a public authority to be noted in the Land Register, the signature must be attested in accordance with regulations issued by the Ministry.  It shall be expressly confirmed that the signature was written or acknowledged in the presence of the person concerned, and shall state whether or not the issuer is over 18 years of age. The same applies to notice of consent as referred to in section 13, first and fifth paragraphs.

Section 18. If the Registrar becomes aware that an entry in the Land Register is incorrect or that an error has otherwise been made, the Registrar shall correct the error. If by reason of the error any person has been incorrectly informed, the Registrar shall so far as is possible notify such person of the correction by registered mail.

Whoever is of the opinion that the contents of the Land Register are incorrect and detrimental to his rights may request registration of his claim for correction, provided he can show the likelihood of the contention or furnish such security as may be determined by the Registrar. If he is unable to prove the claim within a time limit fixed by the Registrar, the claim shall be deleted from the Register.

Section 19. When the subject matter of a suit brought before a District Court or any higher court concerns land rights, the Court that hears the case may rule that the writ of summons or an extract thereof shall be registered.

If the action is dismissed or judgment is given against the plaintiff or the interim injunction is lifted, the registration shall be deleted as soon as the decision is legally enforceable.

Section 20. When a document is entered in the journal, the acquisition of a right that the document expresses shall take, in the event of conflict, precedence over an acquired right which was not entered in the journal on the same date or earlier.

Acquisitions of rights entered in the journal at the same time shall have equal rank; distraints and arrests shall nevertheless rank prior to other rights. When several attachments are entered the same day, the earlier attachment shall have priority.

Section 21. Notwithstanding section 20, an earlier rights acquisition shall rank prior to a later right if the latter is established by juristic act and the acquiring party knew or ought to have known about the earlier right at the time when his right was entered in the journal.

Statutory rights other than mortgages are not affected by registration unless otherwise provided by statute. The same applies to the acquisition of rights by prescription.

The creation of a land right that takes place through a proviso upon a sale or other transfer of ownership, shall, notwithstanding section 20, rank prior to the acquisition of a right deriving from the new owner, provided the proviso appears in the title document of the new owner, or is entered in the journal no later than the same day as this. With respect to the priority of mortgages that secure loans for acquisitions by forced sale, section 11-33 second paragraph, second sentence, and section 11-51 fourth paragraph, third sentence of the Enforcement Act shall apply accordingly.

1. To transfer of mortgages,
2. To the pledging of mortgage bonds governed by the rules applicable to negotiable debt instruments and creation of a mortgage that is attached to a redeemable debt instrument that is not a negotiable debt instrument, as well as attachment of a mortgage related to such documents.
3. Upon establishment and transfer of right of use when use has commenced and the right has been established for at the most three months or can be renounced with at most three months' notice or the usual transfer period with customary notification.

Section 26. If a document is noted in the Land Register which by mistake was not first entered in the journal, such noting shall also pursuant to sections 20 and 23 have the effect of an entry in the journal.

Section 27. No objection that a registered title derives from an invalid document can be raised against any person who has registered a right contractually acquired by him from the holder of the registered title, and who acted in good faith when entry in the journal was made. The same applies when, in good faith, rent or taxes have been paid to the party who according to the document is entitled to them, or termination or similar actions have been undertaken vis-à-vis the party.

These provisions shall not apply when the document is forged or falsified or is void by reason of minority or was made under duress as described in section 28 of the Act of 31 May 1918 relating to Contracts.

If a registered document of title or other document is invalid and this does not appear from the Land Register, and the invalidity subsequently ceases, no further registration of the right it establishes shall be necessary because the right shall be deemed to have been registered from the moment when the invalidity ceased.

Section 28. If a registered land charge is not intended to attach permanently to the land, the effect of its registration described in sections 20 and 23 shall lapse after thirty years from the registration of the charge, unless it has been registered anew prior to the expiry of this time limit.

However, this shall not apply to mortgage deeds for public institutions, endowments or foundations provided there is registered notification from the Board by the expiry of the time limit that the mortgage charge has not been repaid.

Registration of an endorsement on a previously registered document shall not interrupt the time limit mentioned in the first paragraph unless the endorsement contains an express renewal of the creation of the right. An increase of the principal sum contained in a mortgage deed shall be so regarded.

Section 29. Section 28 does not apply if a document is for a specific period or someone's lifetime.

If a minimum period is explicitly stipulated, the effect of the registration will not lapse in any case until three years after the expiry of the minimum period.

The effect of registration of a mortgage shall in no event lapse until the expiry, in accordance with the terms of the document, of at least five years either from the date upon which the whole debt should have been paid or from the earliest date by which the debt could have been called in by the creditor.

Section 30. In respect of an execution lien, the effect of the registration shall lapse five years after the proceedings have been registered. For the distribution of an estate by execution, the same applies when debt is mortgaged. For arrest proceedings and preliminary injunctions the effect of the registration shall lapse two years after the proceedings or order for extension are registered.

The provisions of the first paragraph shall not apply if the right is re-registered before the stated time limit has expired. A new time limit of the same length as the first shall run from this and any subsequent new registration, counting from the last registration.

The provisions of section 28, final paragraph shall apply to the interruption of a time limit.

Section 31. When the effect of registration has lapsed, the Registrar shall on his own initiative delete the land charge.

The same applies when it has manifestly ceased.

In the event of an incorrect deletion section 25 shall apply correspondingly.

Section 32. A land charge shall be deleted from the Land Register when evidence is registered showing that it has lapsed or that the holder of the right consents to the deletion.

For a mortgage bond or letter of indemnity to be deleted according to the provision of the first paragraph, the receipt or agreement must, unless otherwise provided by statute, be written on the document or must be submitted to the Registrar for endorsement of the deletion. However, this does not apply when a reservation is made in the document that it cannot be transferred and, to the extent determined by the Ministry, when the document is issued to a public bank or similar institution.

Notwithstanding the provision of the first sentence of the second paragraph, a land charge which has ceased to attach due to forced sale or sale in accordance with section 117a of the Bankruptcy Act, shall be deleted when a title deed is registered which shows that the land charge has ceased to attach. A mortgage that has lapsed as a result of compulsory composition with creditors shall be deleted from the register without regard to the provision of the second paragraph, first sentence when a confirmation order pursuant to section 52 of the Bankruptcy Act, cf. section 53, is registered proving that the charge has lapsed.

If the evidence for which registration is requested is insufficient to permit the deletion of the charge, registration shall be denied.

Section 32a. If it is impossible or unreasonably difficult to obtain a necessary receipt or consent for deletion of a mortgage bond or letter of indemnity, the Registrar may, when the document is submitted and it appears probable that the charge no longer attaches or does not exist, upon request of the title holder, publish a notice to any possible holders of rights to come forward within two months. If no such holders come forward, the charge shall be deleted.

Any charge that is more than twenty years old may be deleted by such request when it is probable that it has lapsed.

In the event of an incorrect deletion section 25 shall apply correspondingly.

Section 32b. When a claim on Svalbard ceases, the Commissioner of Mines shall send a request for deletion of the claim to registration. If a mortgage is registered on the claim, the Commissioner of Mines shall, at least four weeks before the request for deletion is made, send a written notice to the mortgagee. The notification shall state that a request will be made to delete the claim with incumbent liens unless it is documented within two weeks that the claim has not ceased.

Notification may be omitted if the mortgagee neither has a known place of residence or known representative with a known place of residence that can receive notice on behalf of the mortgagee. If deletion is not requested within one year after notice is sent, the request for deletion cannot be submitted until four weeks after the mortgagee has received a new notice.

Chapter 4. Registration that does not apply to land.

Section 33. (Repealed by Act of 8 February 1980 No. 3.)

Section 34. Documents not mentioned in section 12 can be noted in the Register of Mortgaged Moveable Property, though only provided the registration by law is given legal effect, or registration is imposed by law. New registration can take place, but is not required if the object changes owner.

The provisions of sections 2 and 3 and Chapter 2 apply correspondingly as appropriate and unless otherwise provided by regulations issued pursuant to section 38.

The provisions of sections 20, 21 and 23-32 a shall apply correspondingly. The time limit in section 28 first paragraph, shall still be 20 years for mortgages pursuant to section 3-4, sections 3-8 to 3-11, section 3-17 third paragraph, and section 4-10 of the Mortgages and Pledges Act.

A fee shall be paid for registration, recording or notation in the Register of Mortgaged Moveable Property. The Ministry may establish further regulations relating to the amount of the fees and the manner of collection.

The Ministry issues also rules on how information in the Register of Mortgaged Moveable Property shall be made available, and may decide that fees shall be paid for services.

Section 34a. For execution liens, registration in the Register of Mortgaged Moveable Property only provides legal protection when required by Chapter 5 of the Mortgages and Pledges Act. The Ministry may issue provisions in regulations concerning deletion from the register of execution liens that are not given legal protection by registration.

The Ministry may issue regulations on the information that must be included in the register when attachments of earnings and decisions not to make attachments shall be recorded in the Register of Mortgaged Moveable Property pursuant to sections 7-21 and 7-25 of the Enforcement Act. The Ministry may by regulation stipulate that short-term attachments of earnings shall not be registered.

Information concerning attachments of earnings and decisions not to make attachments may only be given to lawyers, financial institutions, collection agencies, credit reporting agencies and public authorities with a duty of confidentiality pursuant to the Public Administration Act or other Act. The information may be issued in writing only.