How are immovable property transactions entered into and how are documents formalised?

Any transactions entered into with an immovable are formalised at a notary. In order to enter a new entry in the land register a notarised transaction is entered into. Upon certifying the transaction the notary public shall consult the parties to the notarial deed, ascertain material circumstances and prepare draft contracts. The notary public shall represent the parties in the court that maintains the land register. It is possible to agree that the purchase price or the loan amount shall be paid to the notary public’s escrow account and the notary public shall transfer the amount after the notary public has submitted the registration application to the court. Upon amending or deleting a land register entry the role of the notary public is less significant being normally confined to notarial authentication of signature. The notary public shall also inform the parties of how and how much state fee is charged for registration.

If making, amending or deleting an entry will concern the rights of a third person entered in the land register, the entry cannot be made except on the basis of such person’s notarised or digitally signed consent or a court judgement.

In addition to transactions notarially certified or facts authenticated by a notary public, entries in the land register are also made on the basis of court decisions and at the request of a bailiff. Certain types of entries are made at the request of other authorities as well.

Registration documents submitted to the court which maintains the land register shall be originals or notarised or formally affirmed transcripts (whereas the court reserves the right to request submission of an original). Documents in foreign languages shall be submitted along with a translation into Estonian which is certified by a sworn translator or a notary public. Public documents issued in foreign countries shall be legalised or certified by an Apostil.