Civil Code > TITLE X. REGISTERS OF IMMOVABLE PROPERTY 3

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Chapter 3. Registration of acts in the registers

Section 1. Procedure of registration

Art. 1587.- Mode of presentation of registers.

The registers of property and of mortgages shall consists of files made up of printed forms, made available to private individuals who shall cancel any useless indications and fill in any blanks therein.

Art, 1588.- Establishing of forms.

The Ministry of Agriculture shall draw up the forms of the registers of immovable property and determine their format.

Art. 1589.- Supply of forms.

(1) The forms required for the keeping of the registers shall be supplied gratuitously to the keepers of the registers of immovable property by the governor of the province who shall receive them from the Ministry of Agriculture.

(2) The keepers of the registers of immovable property shall draw up every six months an inventory of the forms which are in their possession and request, where necessary, that their stocks be repleted according to the exigencies of their service.

Art. 1590.- Form of registrations.

(1) the registrations in the register shall be made in very legible writing and without any abbreviation other those expressly authorized by regulations.

(2) They shall mention the date on which they are effected and the number which is assigned to them in the register in which they are made

Art. 1591.- Indication of sums or of areas.

Where a registration contains the indication of a sum or that of an area, such sum or such area shall be indicated both in figures and in full words,

Art. 1592- Indication of dates.

(1) Dates shall be written simply in figures as regards the year, in a very legible manner.

(2) They shall be written only in words, as regards the month and the day of the month.

Art. 1593.- Necessity of a request for registration.

The keeper of the registers of immovable property may not of his own motion effect any registration.

Art. 1594.- Who may request a registration.

(1) A request for registration may be made by any interested person.

(2) The person making the request shall pay, at the time when he makes his request, the fixed fee determined for the filing of such request by a tariff officially established.

Art. 1595.- No reservations

A request for registration may not be made subject to any reservation or condition.

Art. 1596.- Manner or making the request.

(1) The person who requests that a registration be made in the register shall file, in duplicate, a printed form which the administrative authorities shall place at his disposal.

(2) The person making the request shall fill in a very legible manner, by writing with a typewriter or in black ink, the blanks of the form.

(3) He shall cancel the indications which are unless in the form or draw obliquely a line in the blank which corresponds to such indications.

Art. 1597.- Prohibited indications.

(1) No indication may be added to those which are set down in the forms placed at the disposal of the public.

(2) The interested parties shall, where appropriate, complete such indications by means of supplementary of supporting documents to which reference shall be made by the form.

Art. 1598.- Duties of keeper.

(1) The keeper shall assign to each request, when it is presented to him, a serial number in the register to which such request corresponds.

(2) He shall countersign the forms sent to him and affix thereon the seal of the place of conservation.

Art. 1599.- Handing back of form.

The keeper shall hand back to the person making the request one of the forms duly signed by him with the seal of the place of conservation affixed thereon.

Art. 1600.- Other form.

(1) The other form shall be incorporated in the register to which it appertains.

(2) The insertion of the forms in each of the principal registers shall be made in the order in which the request are made.

Art. 1601.- Record in the complementary registers.

An act newly registered shall forthwith be entered in the register of immovables or in the register of owners of the district.

Section 2. Forms used for registration.

Art. 1602.- Indications common to all forms.

The forms intended for the registers of immovable property shall specify in every case:

(a) the date of the request for registration; and

(b) the immovable to which the registration refers, with the particulars required to individualise such immovable; and

(d) the name, first names, patronymic and residence of the person to whose immovable the registration refers; and

(e) the number, nature and the reference number of the complementary or supporting documents annexed to the request; and

(f) the acts previously registered to which it may be necessary to refer, together with their reference numbers.

Art. 1603.- Form intended for the register of property. -1. General indications.

The form intended for the register of property shall specify;

(a) the nature of the act which gives cause for registration; and

(b) the nature of the right affected by such act or event; and

(c) the name, first names, patronymic and residence or elected domicile of the person acquiring the right, lessee, assignee or other beneficiary under act; and

(d) in the case of different acts or events which give cause for registration, any special stipulations.

Art. 1604.- 2. Special stipulations.

The special stipulations referred to in Art. 1603 shall relate:

(a) in the case of sale, contribution in a partnership, sale by auction, promise of sale, donation and other similar acts, to the price or value of the right which has been transferred; and

(b) in the case of a partition, to the amount which may be due to equalize the portions; and

(d) in the case of assignments of or discharges for rents not fallen due, to the date up to which the rents have been assigned or received; and

(e) in the case of a promise of sale, to the price for which the sale is to take place and the time-limit agreed upon for the promise; and

(f) in the case of other restrictions to the right of ownership, to the date when such restrictions will cease.

Art. 1605.- Form intended for the register of mortgages.

The form intended for the register of mortgages shall specify;

(a) the name, first names, patronymic and residence of the mortgagee; and

(b) the amount of the debt; and

(d) the annual rate of interest which it produces; and

(e) whether the claim is transmissible by endorsement or is to bearer; and

(f) whether the registration is made as a renewal of a preceding registration.

Art. 1606.- Individualization of the immovable.- 1. Principle.

(1) The immovable to which the act relates shall be individualized by specifying its nature, the commune where it is to be found and its cadastral number.

(2) Where the immovable is situate in a region where there is no cadastral survey plan, its nature, situation, area and the neighoburing lands by which it is bounded shall as far as possible be mentioned.

Art. 1607.- 2. Detailed plan.

(1) The particulars concerning the immovable to which the act relates may be specified by furnishing a detailed plan amongst the supporting documents.

(2) This may be done in particular where the act which is to be registered refers to only a part of an immovable which corresponds to a number in the cadastre.

(3) Fin such cases, the registration which is made shall refer to the numbers of the divisions which appear on the plan annexed to the request for registration.

Art. 1608.- Registration relating to a body corporate.

(1) Where the immovable belongs to a partnership or an association, the name or the style of the body corporate shall be indicated instead of the name, first names and patronymic.

(2) The same shall apply where the beneficiary of the act is a partnership, an association or some other body corporate.

Art. 1609.- Deceased owner.

A registration relating to the property of a deceased person may be made by indicating the deceased person as the owner of the immovable.

Art. 1610.- Immovable jointly owned .

(1) Where an immovable is jointly owned but only one joint owner is interested in the act, only such joint owner shall be mentioned in the form and his share of the property be indicated therein.

(2) Where all the joint owners or several of them are interested in the act, the indication “immovable jointly owned” shall be entered in the form, and a reference be made in the complementary and supporting documents to a document establishing the state of joint ownership of the immovable.

(3) In the register of owners, a mention of the act shall be made on the leaves relating to each of the joint owners mentioned in such document.

Art. 1611.- Where there are several beneficiaries of an act.

The provisions of Article 1610 shall apply where several persons are beneficiaries in common of the act subject to registration.

Art. 1612.- Election of domicile by the person making the request.

(1) The person making the request shall elect a domicile in the town where the place of conservation of registers of immovable property is situated unless he already has his residence in that town.

(2) All notifications concerning the registration shall be validly served on him at such domicile.

Art. 1613.- Supporting documents. 1. Principle.

(1) The person making the request may attach thereto all the documents which he thinks fit.

(2) The keeper of registers may not refuse to accept a request on the grounds that he necessary documents have not been attached to such request.

(3) He may only call the attention of the person making the request to the necessity of such document and the consequences which the absence thereof may entail.

Art. 1614.- 2. Most frequent documents.

The complementary or supporting documents attached to a request may particularly include:

(a) a plan of the immovable; and

(b) a power of attorney or other document whereby the person making the request is authorized to act on behalf of the owner of the immovable or of the beneficiary of the act; and

(d) a copy of the record of death or of the declaration of absence of the owner of the immovable; and

(e) a act showing that legal proceedings relating to the immovable have been instituted by the person making the request; and

(f) a statement of the rights appertaining to various joint owners on the immovable.

Art. 1615.- 3. Classification of supporting documents.

(1) The complementary or supporting documents produced in support or requests for registration or for the purpose of obtaining a correction, modification or cancellation of a registration shall be classified in the place of conservation of the registers of immovable property to be kept therein.

(2) Each of them shall be given a special reference number.

Art. 1616.- Nature of the act.

(1) Under the heading “Nature of the act ” the form shall include the following options: “sale, contribution in partnership, donation, partition, compromise, contract of lease, judgment ordering a sale, renunciation, legal action, annulment of an act, declaration of a right, creation of a right, modification of a right, extinguishments of a right, promise of sale, granting of concession, pre-emption, assignment of or discharge given in advance for rents not fallen due, acceptance of secession rights, agreement prohibiting assignment, agreement prohibiting attachment, refer to the annexed documents No. …”

(2) The person making the request shall choose amount such options that of hose which best correspond to the nature of the act.

(3) He shall strike out or, where appropriate, complete the indication On “refer to the annexed document No. ……”.

Art. 1617.- Nature of the right affected.

Under the heading “Nature of the right affected” the person who makes the request shall specify whether such right is a right of ownership, or a part of property jointly owned, or a right of bare ownership, usufruct, servitude, or a restriction of a right of ownership.

Art. 1618.- Amount of debt.

(1) The amount of the debt secured by a mortgage or by a right of antichresis shall be indicated in Ethiopian currency.

(2) Where the amount of the debt is undetermined, the registration shall be made for a fixed sum representing the maximum of the security of the immovable.

(3) Failing agreement with the person whose immovable is affected by the mortgage, such sum shall be fixed by the court.

Art. 1619.- Debts transferable to order.

(1) Where the mortgage secures a debt which is transferable by a mere endorsement of the title, the registration shall be made in the name of the present holder.

(2) Its benefit shall extend to the successive endorsees o the title, without there being need of any formality.

Art. 1620.- Debts resulting from title to bearer.

(1) Where the mortgage secures a debt resulting from a title to bearer, a complementary document shall specify the name of he issuer, the date of issue, the series, number and the value of the titles issued.

(2) It shall specify, where appropriate, the name of the person who is authorized to represent the bearers of the titles.

Section 3. Correction and cancellation of entries.

Art. 1621.- Correction. -1. Principle.

(1) Where the form sent to the keeper of registers of immovable property and inserted in a register is incomplete or inaccurate, the registration may be corrected.

(2) The registration shall not be null except in the cases provided by law.

Art. 1622.- 2. Modifications assimilated to a correction.

Corrections may also be made where:

(a) one of the persons mentioned in the form intends to change the residence or the elected domicile which is assigned to him in the form; or

(b) at least one fourth of the debt secured by a mortgage or by a right of antichresis has been paid; or

(d) the act to which the registration relates has been the object of modifications agreed upon by the interested person or ordered by the court.

Art. 1623.- 3. Judicial order necessary.

(1) A correction of a registration may not be made except by virtue of an order given by the court to the keeper of the registers.

(2) Any interested person may apply to the court to order a correction.

Art. 1624.- 4. Correction how made.

(1) A correction of a registration shall be made by canceling with a special ink the particulars in the form which are to be corrected.

(2) The keeper shall write down on the back of the form the word “corrected” together with the date of the correction and a reference to the judgment ordering the correction.

(3) Such judgment shall be kept in the archives of the place of conservation together with the supporting documents.

Art. 1625.- 5. Annotation in complementary registers.

The word “corrected” shall be written down, after the registration, in the register of immovables or in the register of owners, together with the date of the correction.

Art. 1626.- 6. Copies of an act which has been corrected.

(1) Copies of forms delivered to interested persons shall conform in all respects to the original.

(2) They shall show the contents of the original form and the correction which has been made.

Art. 1627.- 7. Effects of the correction.

A correction of a registration shall be effective only from the date on which it is made.

Art. 1628.- Nullity of a registration.

A registration of an act in the registers of immovable property shall be of no effect where:

(a) it does not show the date on which it has been made; or

(b) it does not make it possible to identify the immovable to which it refers; or

(c) it does not make it possible to identify the owner of the immovable, or the person who grants the right subject to registration; or

(d) it does not make it possible to identify the person who acquires the immovable or te beneficiary of the right subject to registration; or

(e) it does not show the amount of the debt secured by mortgage: or

(f) it is made by virtue of a title which is null: or

(g) it has been made out of time.

Art. 1629.- Late registration.

A registration shall be deemed to have been made out of time where it is incompatible with a registration which has been validly made previously in the registers of immovable property.

Art. 1630.- Cancellation.-1. Judicial order necessary.

Where the law declares the nullity of a registration, any interested person may apply to the court to order its cancellation.

Art. 1631.- 2. Agreement between the interested persons.

(1) The owner of the immovable to which the registration refers may apply to the court to order the cancellation of the registration where the beneficiary of the right which as been registered gives his consent to such cancellation.

(2) Such consent shall be given where the act which has been registered has had its effects or where, for any other reason, the registration has lost the purpose for which it was made.

Art. 1632.- 3. Cancellation made “ex officio”.

(1) A registration shall be cancelled by the keeper of registers of immovable property of his own motion where, according to the very terms of the registration, the right which formed its subject-matter was created for a determinate period and such period has elapsed.

(2) A registration of a mortgage shall be cancelled by the keeper of his own motion where it has been made ten years before and its renewal has not been applied for.

Art. 1633.- 4. Cancellation how made.

(1) The cancellation of a registration shall be made by drawing across the form two diagonal lines joining the opposite corner of the form.

(2) The keeper shall write on the back of the form the word “Cancelled” together with the date of the cancellation and, where appropriate, a reference to the judgment which has ordered the cancellation.

(3) The judgment shall be kept in the archives of the place of conservation among the supporting documents.

Art. 1634.- 5. Copy of the act which has been cancelled.

(1) A registration which has been cancelled shall remain legible in the registers.

(2) The persons interested may request copies thereof.

Art. 1635.- 6. Annotation in the complementary registers.

(1) The word “cancelled” shall appear after the registration in the register of immovables or in the register of owners together with the date of the cancellation.

(2) The copies of the leaves of such registers given to the interested persons shall make no mention of the registrations which have been cancelled.

Art. 1636.- Fee payable in case of correction or cancellation.

(1) The person who applies for the correction or the cancellation of a registration shall pay the prescribed fee on making the application.

(2) The expenses of a correction shall be borne by the person who is responsible for the error which is to be corrected, or, where no error has been made, by the person who applies for the correction.

(3) The expenses of cancellation shall be borne by the person who applies for cancellation.

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