Openbare register

Public Register

A public register is a register maintained by the government in which certain legal acts or facts are recorded and which is accessible to the public.

A public register constitutes an official system in which legal facts, such as ownership rights, mortgages or corporate particulars, are recorded. In the Netherlands, this includes, inter alia, the Land Registry (Kadaster) for immovable property and the Commercial Register for undertakings. Registration ensures publicity and legal certainty.

Its relevance lies in the protection of third parties: any person relying on the contents of the register may, in principle, place reliance on their accuracy. This prevents hidden rights or encumbrances from being asserted at a later date.

In practice, notaries, lawyers and parties to transactions consult these registers to verify the legal status of a matter or undertaking before concluding an agreement.

“Prior to the conveyance, the notary verified the particulars in the public register to confirm the mortgage encumbrances.”

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