TY - JOUR AU - Rozenfelds, Janis PY - 2014/12/15 Y2 - 2024/03/28 TI - Reform of Land Registration in Latvia JF - Juridica International JA - JI VL - 22 IS - 0 SE - Articles DO - 10.12697/JI.2014.22.05 UR - https://ojs.utlib.ee/index.php/juridica/article/view/JI.2014.22.05 SP - 43-50 AB - <p>The principle of <em>superficies solo cedit</em> is prescribed by Section 968 of the Latvian Civil Law: ‘A building erected on land and firmly attached to it shall be recognised as a part thereof.’</p><p>The law ‘On Time and Procedures for Coming into Force of Introduction, Inheritance and Property Law Part of the Renewed Civil Law of the Republic of Latvia dated 1937 of 7 July’, effective since 1 September 1992, applied several exceptions to Section 968 of the Latvian CL with respect to buildings erected during the Soviet occupation. As a consequence of the associated ‘dual property rights’, the owner of the building has to pay ‘mandatory rental payment’ to the landowner.</p><p>This situation has become known as one of ‘dualistic property’, a concept sometimes erroneously identified with that of divided property. This dual situation calls for legal reform in the relevant field, for purposes of re-establishing the principle of unity of the land and the building erected on it. The problem can be partly solved by introduction of new institutions – the long lease (<em>emphyteusis</em>) and the right to erect a building on another’s land (<em>superficies</em>).</p> ER -