THE LAND SYSTEM OF BELGIUM AND HOLLAND 471 



to be able to purchase a lot of land without heavy expenses, and 

 with perfect security. If the purchase of an estate involves law- 

 suits, risks of title, or considerable costs, then the rich only can 

 indulge in the luxury. The continuance anywhere of so intolerable 

 a state of things can only be accounted for by the fact that 

 it is the interest of lawyers and of the wealthy to maintain it ; 

 the former for the sake of the legal business it creates, the latter 

 because it keeps the land market to themselves. 



As regards the transfer of land and the law of mortgage, 

 Belgium may be considered a model country. The following is a 

 synopsis of the laws in force in this respect : 



Since the passing of the act of December 16, 1852, modify- 

 ing the then existing law, the sale of land takes place by a deed 

 executed before a notary, or else by one under a private seal 

 recognised in law. Deeds under private seal used to give rise to 

 irregularities, and to serious dangers whenever the authenticity 

 of the signature was contested. By the following compulsory 

 forms of law the purchaser obtains perfect security with regard 

 to mortgages. His notary is bound to obtain a certificate (etat 

 negatif) from the registrar, or keeper (conservateur), of mort- 

 gages, showing that there are no outstanding charges against 

 either the seller or the former owners. The notary is personally 

 responsible for neglect to take this precaution, and the registrar 

 of mortgages would also be liable to an action for damages were 

 he to omit to give notice of any incumbrances. If there be any 

 incumbrances of this kind, they may be deducted from the selling 

 price, and in that case the purchaser assumes the seller's liability ; 

 or else the purchaser may pay off the creditor, who then gives 

 him a discharge of the debt. 



The law of 1 8 5 1 has done away entirely with Jiypotheques 

 tacites on legales. All unregistered mortgages are invalid against 

 the purchasers of an estate. ' 



Along with the certificate against incumbrances an etat dcs 

 mutations must be obtained by the notary ; i.e., a statement of 

 all the changes of hands the property has undergone since a 

 fixed date prior to the sale, and establishing the title of the 

 vendor. The notary must, moreover, take the precaution to obtain 



