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View Code? Open in Web Editor NEWReal estate use case SSI exploration with DEI, SAP and ICTU
License: European Union Public License 1.2
Real estate use case SSI exploration with DEI, SAP and ICTU
License: European Union Public License 1.2
Where possible, we specify all conceivable scenarios for the real estate transaction.
We illustrate this on the basis of test cases specified in #1
This is a non-limited first collection of user stories for the idea of a public mortgage market to be further developed:
Jurisdiction unknown: Certificate of Inheritance not registered in the Land Registry
The source is the Land Registry.
The Certificate of Inheritance contains the following information: names of the heirs, indication of whether or not there was a will, whether the deceased was married, who is authorized to administer and dispose of the estate, who is responsible for the inheritance and settlement thereof and any additional information about the inheritance and heirs.
We require:
This data can be requested digitally and by post as a private individual.
identity check legal entity
The source is the Trade Register managed by the Chamber of Commerce (KvK).
An extract from the Trade Register contains various information such as the name, contact details and officials of an organization that participates in economic transactions in the Netherlands.
We require:
Access is public. The Chamber of Commerce provides both a business web portal and an API for this purpose. Some data is only available to authorized persons such as lawyers, civil-law notaries, bailiffs or judicial services. Which data this is is determined in the Trade Register Act.
Not authorized without permission or authorization: legal representative / parent(s) with authority / guardian required
Decisions about custody are registered in the Authority Register, including guardianship.
The data consists of extracts from publications by courts containing details of decisions about custody. However, this varies by court.
We require:
Access to the Authority Register requires a lawyer's pass.
The object sold is legally incomplete: Destination
Land Registry is responsible for recording zoning plans via the Spatial Plans department. The data can also be viewed via Public Services on the Card (PDOK).
The data from PDOK is complete geodata, including plans, maps with dimensions, and aerial photos.
We require:
Plans can be viewed free of charge via www.ruimtelijkekalender.nl. This is a service managed by the Land Registry. Plans can also be purchased free of charge via a web service in collaboration with PDOK.
Not legally competent: under guardianship (incapacitated)
The source is the Central Trusteeship and Administration Register (CCBR) at the Council for the Judiciary. In addition, the administrator ensures that the administration is entered in other public registers, such as the Land Registry and the Trade Register (KvK).
The data consists of extracts from publications by courts containing data of persons placed under guardianship, persons who have been placed under administration due to waste or problematic debts and persons who have been placed under administration due to physical or mental circumstances, of which the subdistrict court has decided that publication is necessary.
We require:
A web service is available that automatically reads the most recent publications from the register every working day.
For the use case it is necessary to fetch test legal entities to demonstrate the transaction.
Requirements:
legal capacity = legal adult.
The source is the Personal Records Database (BRP) managed by the National Service for Identity Data (RvIG).
Municipalities keep personal data of citizens (residents) in the BRP. When someone gets married, has a child or moves house, the municipality records this.
We require:
Only organizations with a public or social task can obtain data from the BRP. The rules on this are set out in the BRP Act. Web services are available for this, which the civil-law notary already has at his disposal, for example.
The object sold is legally incomplete: Perpetual clause.
Source is the notary of the selling party / previous deeds at the time. These are recorded in the Land Registry.
The perpetual clause is an obligation for the buyer to also impose a certain agreement on the next buyer. In general, a perpetual clause is accompanied by a penalty clause.
We require:
The data is a copy of the original deed. Although this data is public, it does have to be paid for.
The object sold is legally incomplete: Easement
Easement is not compulsorily established, it can also arise due to prescription. Source is the notary of the selling party / deed of establishment at the time. This is recorded in the Land Registry.
The best-known example of easement is the right of way. Easement is not mandatory, it can also arise due to, for example, statute of limitations. In the case of sale or purchase, it is strongly recommended to record the easement.
We require:
De gegevens zijn een kopie van de originele akte. Deze gegevens zijn weliswaar openbaar, maar er dient wel voor betaald te worden.
Not only authorized: mortgage establishment on a home by one spouse
The establishment of a mortgage on collateral is recorded in the Land Registry.
The Mortgage Deed, as signed at the civil-law notary, contains the current information from the public register. This deed records the agreement between the mortgagee, usually a financial institution, and the mortgagee, which is the owner. Here you will find the most extensive mortgage information of the requested object. This concerns the most recently passed deed, unless stated otherwise.
We require:
The data is a copy of the original deed. Although this data is public, it does have to be paid for.
For the use case it is necessary to fetch test inhabitants to demonstrate the transaction.
Requirements:
Not only competent: petition for divorce has not yet been submitted
The source is the Matrimonial Property Register (HGR) at the Council for the Judiciary. If no registration has been made, then it is the person or his notary.
The data in the HGR consists of extracts containing the date and place of the marriage or registered partnership, the date on which the application for registration of a prenuptial agreement or partnership agreement was submitted, the date on which the registration took place and the registration number and court that has registered the prenuptial agreement.
We require:
The extracts are digitally available as a private individual. Under certain conditions, civil-law notaries, bailiffs and the tax authorities can also request prenuptial agreements or partnership conditions. However, receipt is by post and delays the turnaround time.
For the rule engine we'll use Camunda Platform 7.16 on Apache Tomcat 9.0.60.
For development we need:
We illustrate the different steps in the comments in this issue.
In #2 we specified test scenarios. For all those scenarios it is necessary to test the real estate transaction using a rule service API.
Requirements:
Not only authorized: sale of marital home by one spouse
The ownership situation is recorded in the Land Registry.
The Title Deed, as signed at the notary, contains the current information from the public register. This deed of ownership states, for example, who are the beneficiaries of a plot. This can be the owner, but also a person who has the right to use it. It gives you insight into the property status, housing details, any restrictions on use and important notes, for example if there is soil contamination. This concerns the most recently passed deed, unless stated otherwise.
We require:
The data is a copy of the original deed. Although this data is public, it does have to be paid for.
legal competence
The source is the Belehrung by the notary.
The legal capacity can be determined from source information, the legal capacity remains part of the Belehrung of the notary. It appears from the Notary Act that the civil-law notary is obliged to ensure that the parties have an overview of the consequences of the legal act envisaged by them. The Belehrung is a judgment.
We require:
Currently not available as source information.
The following Basic Registration Land Registry data can be requested:
See this page for further details (Dutch only though).
Not authorized: already divorced
The source is the Matrimonial Property Register (HGR) at the Council for the Judiciary. A divorce is always registered in the HGR.
The data in the HGR consists of extracts containing the date and place of the marriage or registered partnership, the date on which the application for registration of a prenuptial agreement or partnership agreement was submitted, the date on which the registration took place and the registration number and court that has registered the prenuptial agreement.
We require:
The extracts are digitally available as a private individual. Under certain conditions, civil-law notaries, bailiffs and the tax authorities can also request prenuptial agreements or partnership conditions.
The object sold is legally incomplete: Past right leasehold
The right of ground lease is laid down in the deed of establishment. This deed is registered by the civil-law notary in the public registers of the Land Registry. The term and amount of the ground lease are described herein.
Leasehold means that someone has the right to keep or use a piece of land that is owned by another person. The leaseholder pays an amount to the owner of the land for this, the so-called ground lease.
We require:
The data is a copy of the original deed. Although this data is public, it does have to be paid for.
Not authorized without permission or authorization: in bankruptcy settlement
The source is the Central Insolvency Register (CIR) at the Council for the Judiciary.
The data consists of extracts from publications by the court containing details of bankruptcies, suspension of payments and debt restructuring of natural persons.
We require:
A web service is available that automatically reads the most recent publications from the register every working day.
The object sold is legally incomplete: Monumental Status
The monumental status is recorded in the National Monuments Register, and can also be found at www.monumenten.nl.
If a building has Monumental Status, the owner must adhere to the rights and obligations established for each monument. When adjusting, renovating or restoring, the owner almost always has to deal with the municipality and an environmental permit must be applied for.
We require:
The monumental status is publicly available. For the exact rights and obligations, we need to contact the applicable municipality or the Cultural Heritage Agency (RCE).
Not only authorized: limitation in prenuptial agreement.
The source is the Matrimonial Property Register (HGR) at the Council for the Judiciary. If no registration has been made, then it is the person or his notary.
The data in the HGR consists of extracts containing the date and place of the marriage or registered partnership, the date on which the application for registration of a prenuptial agreement or partnership agreement was submitted, the date on which the registration took place and the registration number and court that has registered the prenuptial agreement.
We require:
The extracts are digitally available as a private individual. Under certain conditions, civil-law notaries, bailiffs and the tax authorities can also request prenuptial agreements or partnership conditions. However, receipt is by post and delays the turnaround time.
Not authorized without permission or authorization: under administration (incapacitated to act)
The source is the Central Trusteeship and Administration Register (CCBR) at the Council for the Judiciary. In addition, the administrator ensures that the administration is entered in other public registers, such as the Land Registry and the Trade Register (KvK).
The data consists of extracts from publications by courts containing data of persons placed under guardianship, persons who have been placed under administration due to waste or problematic debts and persons who have been placed under administration due to physical or mental circumstances, of which the subdistrict court has decided that publication is necessary.
We require:
A web service is available, which automatically reads the most recent publications from the register every working day.
Identity check natural person
The source is the Personal Records Database (BRP) managed by the National Service for Identity Data (RvIG).
Municipalities keep personal data of citizens (residents) in the BRP. When someone gets married, has a child or moves house, the municipality records this.
We require:
Only organizations with a public or social task can obtain data from the BRP. The rules on this are in the BRP Act, in this case only for the notary. Web services are available for this, which the notary already has at his disposal.
Jurisdiction unknown: Certificate of Inheritance is missing
The source is the Central Register of Wills (CTR) at the Royal Notarial Association (KNB).
The data consists of wills of people who died after 1975, who lived in the Netherlands and who also died here. It is a reference register. The notary who drew up the will can then request the will.
We require:
This information can be requested both digitally and in writing by the relevant civil-law notary via his notarial software package.
Not only authorized: object in dissolved matrimonial property
The source is the Matrimonial Property Register (HGR) at the Council for the Judiciary. A divorce is always registered in the HGR.
The data in the HGR consists of extracts containing the date and place of the marriage or registered partnership, the date on which the application for registration of a prenuptial agreement or partnership agreement was submitted, the date on which the registration took place and the registration number and court that has registered the prenuptial agreement.
The extracts are digitally available as a private individual. Under certain conditions, civil-law notaries, bailiffs and the tax authorities can also request prenuptial agreements or partnership conditions. However, receipt is by post and delays the turnaround time.
Not only authorized: allotment of estate has yet to take place
The source is the Estate Register at the Council for the Judiciary. Each court has its own public register of estates.
The Estates Register contains legal facts concerning open legacies. An estate 'opens up' as soon as the testator dies. Legal facts are, for example: statements of heirs who have accepted or rejected the inheritance, details of the notary involved in the settlement of the inheritance, details of the liquidator (a person appointed by the court to settle the estate, or to settle). Part of the liquidation of the estate is that an inventory must be drawn up. This provides an overview of the assets and liabilities of the estate. For example, creditors can check whether there is a positive balance and whether there are assets that can be sold. Creditors can use the estate register to find out who they should contact for access to the estate inventory.
We require:
Provision of extracts differs per court. A request must in any case relate to a specific estate.
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