The development of the Land Registry and Mortgage System in Curaçao
The foundation for the Mortgage System was laid with the introduction of the Civil Code in the Netherlands Antilles as of 1 May, 1869,marking the advent of a new form of transfer. The concept for ownership of real property was introduced supplanting the allodial ownership which was derived from the Dutch West India Company. This was also the moment when the function of land and mortgage registrar came into being and a foundation was laid for a new mode of land registry in Curaçao.
By Decree of the Governor of 11 November 1935, no. 1603,
the Land and Mortgage Registry System was established in Curaçao, whereby the function of head of the Land Registry Office was combined with the function of Land and Mortgage Registrar. Henceforward, it became obligatory to draw up a certificate of measurement (later an extract plan for the survey for every lot, before the parcel of land can be transferred).
As of 1 January 1955 the tasks of the Land Registry and Mortgage System in Curaçao were separated once again and a separate Mortgage Registrar was appointed. This separation has not been beneficial to the organization. Both offices share the same objective and are interdependent for the day-to-day provision of services. In practice it was necessary to perform the duties by means of mail, fax and telephone contact.
Upon the changing of the constellation of the Netherlands Antilles in 1984 with the separation of Aruba, these duties were formally decentralized by the National Ordinance on the Transfer of Responsibilities (Off. Gaz. 1984, 95).
As of 1 February 2001 the Land and Mortgage Registry system was clustered again and simultaneously transferred to the Island Territory of Curaçao and placed administratively under a new privatized public organization called Curaçao Land Registry Office and Public Registers.
The newly privatized organization has developed into a very professional organization, which is making use of GIS technology and the most sophisticated measuring techniques existing on the market, in order to accurately define the legal status.