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IurisConsulting Property Lawyers Sequenced Registration Principle |
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The Sequenced Registration Principle (Tracto Sucesivo) requires the preceding registration of the right in favor of the person who grants the deed. Therefore, to register a title deed which declares, transmits, levies, modifies or extinguishes the ownership or other real rights on real estate, there must appear previously registered the conveyor’s or transferor’s right. The purpose is, in fact, to maintain the consecutive order of the registered owners, and that all the entries are staggered. Thus the today conveyor or transferer was the yesterday purchaser, and the today purchaser will be the conveyor or transferer of tomorrow, maintaining this way a sequence of links. In the event that the right is registered in favor of a different person than the one that grants the deed, the Registrar has to reject its registration. There are cases in that, without being the same person the registered owner and who transfers the right in the deed, the juridical record of the right is summarized in a single entry (this way, for instance, the previous registration is not essential to register the documents granted by the heirs, when they ratify private contracts signed by their testator). Simplified SequenceIn some cases, the registrar can group in a single entry acts that otherwise should appear in separated entries. This way he avoids to make merely ritual entries. For instance, it is not required preceding registration to register the documents granted by the heirs when they sell or transfer to a coheir properties inherited in common, whenever in the registration is made an express reference to the deed where the inheritance was accepted by the coheirs. In the same way, they are done in a single entry the grouping, segregation and division of land lots, when they are followed by a conveyance or a mortgage.
Exceptions to the Sequenced Registration PrincipleThe only exception to the consecutive or sequenced registration principle takes place in the cases of Resume of the Interrupted Sequence, in which does not exist continuation between the registered owner and the one that pretends to be the owner of the right.
Interruption and resume of the sequenced registration.There is interrupted sequence in those cases in which exist incongruity between the registered owner and the real owner (this is the case, for instance, when intermediate transmissions have not been registered). The Resume of the Interrupted Sequence is made by means of ownership proceedings (expediente de dominio) or widely-known facts proceedings (acta de notoriedad) The ownership proceedings as a way of resume of the consecutive registration must be expressly initiated for this concrete purpose. if the contradictory inscriptions have more than 30 years and the holder of those old inscriptions has been notified and has not opposed, the ownership must be registered in favor of the real owner. If the contradictory entries have less than 30 years, the ownership is registered once the registrar holder or his successors have been heard in the ownership proceedings.
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