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IurisConsulting Property Lawyers SpanishLandRegistry |
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| The Land Registry in SpainThe Property Registry is the public office that administers the official books where the inscriptions are done, by means of which the publicity of the domain and other real rights on real estate are assured. The Property Registry takes as an object the inscription of the juridical acts and contracts relative to the domain and other real rights on real estate. The purposes of the Property Registry are, basically, the certainty of law of the inscribed rights and the legal safeguards for property (according to the principle of certainty of law stablished in the Spanish Constitution), to make possible the mortgage borrowing, and, finally, to avoid the frauds and civil litigation, by means of the establishment of clear and sure bases for the property and other real rights. Therefore, the Property Registry has an extraordinary importance in the Spanish juridical system, since the certification of the Property Registry constitutes the best way of knowing the juridical state of the Real Estate that one pretends to purchase or to rent, for example. This way, the purchaser of a property that the seller offers for a certain sum of money, will verify in the Registry if the estate supports charges or levies that reduce its value (i.e. if it has been mortgaged in guarantee of a borrowing that a bank has granted to his proprietor, etc.). The inscriptions have to be done in the Registry in whose territory is located the real estate (nevertheless, it is possible to present a title in an incompetent Registry, which provides a date of presentation in urgency cases).
Register SystemsThere are two principal groups of register systems: the German and the French systems (exist other systems, as the Australian, where the domain joins to a certificate bond, and the transmission of the title implies that of the document). In the French System, the inscription is voluntary, by means of a system in wich the livery of seisin is considered to be implied in the title. Therefore it does not register by Land Lots, but by titles or deeds; in conclusion, it is a deposit of contracts. The juridical effects are very limited, especially for the protection of third buyers. Its basic purpose is to avoid the double selling. In The German System the inscription is constitutive -creates the right- and obligatory, since the transmission takes place throught the assent of the modification of the register entitlement before the registrar. The livery of seisin is more important than the title, which is a mere precedent of the transmission of the domain. In contrast to the French system, the German registers by Land Lots, and the application of the principle of Public Register Certification is absolute.
Characteristics of the Spanish register system With regard to the French and German systems, the Spanish one is a mixed system, although its inspiration is basically Germanic. The inscription is voluntary and declarative -recognizes the right, but doesn’t create it- and, exceptionally, constitutive -creates the right-. It produces juridical effects, especially for the protection of third parties, in application of the principle of public register certification. The transmission takes place throught the title -deed- and livery of seisin, with independence whether it is registered or not. Finally, as the German system, it registers by Land Lots.
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