This paper first gives a small comparison and description of the characteristics of an average lawyer, followed by an introduction to a Cross border econveyancing project, called Crobeco. The project members gained much practical experience during the project. Next to the practical approach based on ‘the three respects of Crobeco’, the legal meanings and regulations are outlined. In addition, the issues that the project partners met and had to solve are part of this paper. Respect for existing techniques is one part of the all-embracing respect for existing circumstances. In the Netherlands we found a way to process property deeds fully electronically without loosing responsibilities on either side. This method of processing deeds is part of the Cadastre`s Chain integration program. The main goal of this program is to lower administrative burden, enhance quality of data input into the Cadastre registration system and fasten the process of conveyancing. The acceptance of this program partly depends on the practical interpretation and procedure in order to stimulate progress. Perhaps this approach is helpful because of the characteristics of lawyers.

1. Electronic & Cross-border
conveyancing techniques
– Cutting edge law practices –
Jacques.Vos@kadaster.nl

3. LAWYER: LAWYER:
• Oath • Legal conception as determined by law
• No new technologies/ cautious • Stick to their own legal system
• Protect clients against risks • Harmonization & Globalization
 Become inventive solution-thinkers

4. Why?
ICT as interesting  as hugely important
“The European Council has underlined how
much a Digital Single Market matters to
Europe`s future growth.
They highlighted in particular the Cross Border
use of online services”
Kroes (Poznan, November 17, 2011)

5. ‘Ancient’ conveyancing process
Preparations Draft & Execute Transport
Feedback Processing Registration

6. CROBECO conveyancing process
Preparations Draft & Execute Transport
Feedback Processing Registration

7. European Regulations
Preparations Draft & Execute Transport
ROME I Choice legislation for contractual obligations
ROME II Choice legislation for non-contractual obligations
BRUSSELS I Choice legislation for Jurisdiction of Courts
Feedback Processing Registration

8. CROBECO options
Preparations Draft & Execute Transport
Bi-lingual deed Advice by „sending‟ registrar
Feedback Processing Registration

9. CROBECO: Respects for...
• Existing legislation
– Different protection against contradictory titles
• Existing responsibilities
– Title system < > deeds system
• Existing techniques
– eLodging // eRegistration // eConveyancing

10. The Dutch legal system
Semi-title system
No guarantee on title But reliable because of cooperation
Registrar checks for registration and informs Notary in case of
requirements defective deed
No complete registration of rights But meaning of Cad. reg. is growing
and protection of 3th parties in faith
No financial guarantees But liability Notary & Registrar
Fast registration

11. Towards automated processing
Electronic registration (XML)
Centralizing Land Register
Electronic recording of deeds
Computerizing Land Register
Computerizing the Cadastre registration
1984 1999 2005 2006 2012

12. Automated processing of deeds (NL)
• Respect for existing responsibilities
• Step By Step Approach
• No magic, just existing techniques (XML)

13. Basic Principles
• Notary stays responsible for content of
the deed
• Registrar stays responsible for Cadastre
registration
• Notary preserves editorial freedom

15. Data integration by using stylesheets
... without changing responsibilities

16. Partly standardised documents
1st part of the deed contains all essential data
for Cadastre registration, e.g.: personal
information about buyer, seller, object,
purchase price, new easements or dissolving
Deed clauses
Stylesheet,
computerised
verified by Dutch
registrar
.......................
....................... End of standardised part
Other conditions
………………….
…………………. Editorial part with all other conditions
and agreements, not to be registered

17. User agreement
• Meaning “end of part one”
• Declaration Notary: „no fact that belongs in the
Cadastre Registration is mentioned in the 2nd
part of the deed‟
• If essential information is in the 2nd part, the
Notary will be liable

18. Notary Registrar
repository
XML

19. conveyancing process
Preparations Draft & Execute Transport
Feedback Processing Registration

20. eConveyancing process
Preparations Draft & Execute Transport
Feedback Processing Registration

21. eConveyancing process
Preparations Draft & Execute Feedback

22. Grammar (1)
Today, the 17th of September 2012, appeared before me,
mr. Norbert Anton Tinus Aris Ll.m., civil law notary , residing
in Amsterdam:

23. Grammar (2)

24. Grammar (3)

25. Grammar (4)

26. Acceptance eConveyancing