Types of seats in the Land Registry

Registro de la Propiedad

 

What are the different types of seats in the Land Registry?

 Consult your case now

The property registration

First, we must make an introduction on the purpose and objectives have in our system Registro de la Propiedad.

According to the SAP Barcelona, 16th section, of 14 January 2011, “The Land Registry was created to provide security to economic investment (…) The state created the Land Registry and endowed him with a singular legal effect; what was not on it, It could not hurt (…) The public is reluctant to invest their shows' assets if you have the assurance that what you buy him outright purchase without risk of losing it later, especially if it is such an important investment as often those that relate to property. (…) This is the spirit and purpose of the law, what inspires and what the system should serve to understand and interpret it. "

Article 1 of the Act 8 February 1946 by which it approves the new wording of the Mortgage Law, determines that "the Land Registry aims to registration or annotation acts and contracts relating to the ownership and other real rights on real estate.”

The Registry provides legal certainty to property rights contained therein. Promotes safety and agility of the legal traffic.

Also, The property registration It makes public the facts, acts and rights at registered. The art. 607 Civil Code, He adds that the Land Registry will be public for those interested in the status of property or real rights registered.

The principle of publicity

the art. 606 CC an essential principle of the Registry is clear from the Property: advertising to third parties. Domain securities or real rights on real estate which are registered or not listed in the Register, they can not harm others.

STS 26 March 2007 It is rapporteur XAVIER O’CALLAGHAN, determina que:

the foundation of the mortgage law is land registration, you get with the registration of property rights in the Land Registry which has access to any interested person and that comes to define the mortgage law itself, btw academic writers. Also, to publishing the ownerships of property rights security protection is obtained from the real estate traficojurídico. Ultimately, any interested person has possibility to know, through the books of the Land Registry actual existing rights ... ".

The principle of legality

LINO RODRIGUEZ OTERO determina que, under the principle of legality, They can only access the Land Registry valid and perfect titles, namely, those who meet the requirements of form and substance required by laws.

STS 28 November 2013 points to the respect "a registration system technical development, as the Spanish (…) the rule of law prevails, precluding the possibility of registering securities that are not perfect and valid, material formally, which it is protected by the debugger process what the rating, namely, examination of the titles submitted to be performed by the registrar to decide whether registration or, On the contrary, refusal or suspension thereof – article 18 Act mortgage -. ".

Definition of "seat"

Una vez contextualized, We have to mention the meaning of seat performing ROCA SASTRE so it is "the written finding a title, act, fact or circumstance in the books of the Land Registry for it to take the effects of land registration realtor who come ".

While in terms of the different types of existing seat, we quote again ROCA SASTRE, who makes two distinctions: depending on the kinds and types of seat.

Seating classes

So that, addressing the lessons seating, these might be:

Main accessories:

The main seats have a specific function and independent. They are considered as the main seats registration, notations and cancellations. Seats are accessories marginal notes. For its existence and validity depend on another seat, They are at the service of others.

Definitive or provisional:

Final seats have a perpetual time. They included in this class registration and cancellations.

The temporary seats are subject to temporality. They will become definitive seats or expire. Are the notations and some marginal notes.

The positive negative:

Positive seats publicize a right. While negative seats show the extinction of a right.

as appreciation, MANUEL FAUS, author of the work Civil Breviary, does not speak in this case of "class" seat, sino de una classification of doctrinal creation.

Types of seats

And, following a classification according to type seat, we must bear in mind the art. 41 of the Mortgage Law Regulations approved by Decree 14 February 1947. This article lists the basic registrable entries in the Registry of Property.

Article 41: Inbooks of Land Registries will practice the following types of entries or registrations: Presentation seats, actual inscriptions such, the extensive concise, main and reference; notations, Cancellations and marginal notes.

Therefore, the main registrable seats in the Land Registry are:

Presentation seats

CHICO notes that the seat is a seat filing preliminary and limited in time. It is practiced in the journal of the Property Registry, according to art. 248 LH. In this, It will be included on, hour and minute when the presentation has occurred.

Presentation seats note the registration request, initiating the registration procedure. This represents a closing of the Land Registry regarding securities of the same or earlier date as incompatible with the registered title (art. 17.2 LH).

The presentation entry is valid for sixty working days (art. 17 and 66 LH). De acuerdo con el art. 436 LH, Spending within the document referred without having dispatched, or reparable defects brought by action, It will be canceled automatically by marginal note. So good, possible extension of the entry of presentation in certain cases of the arts. 18, 97 and 432 LH.

registration

Registration is the main and final seat; the most important. They are tested and legitimate title of registered events in the Registry. STS 11 June 2004 indicates that the inscription "It refers to a real right, in principle, It is already established and, thus, recognized".

notations

STS 30 diciembre de 1974, notation defines as "an injunction which aims intended to ensure that when subject of a conviction, it can run in the same circumstances as when the judicial authority began…”.

SAP Madrid, 10th section, of 9 October 2012, It determines for hipotecarista dogmatic, Preventive annotations are "a main seat, provisional, and generally positive, practiced in registration books and aims to ensure the result of a trial, ensure a perfect right, but unconsummated, or preparing a final seat. ".  And sets the sentence the characteristics of notations and are "temporality, tentativeness and accessoriness”.

cancellations

Cancellation involves the extinction of a seat and registered. ROCA SASTRE defining seat cancellation as a negative seat, accessory and definitive establishing a front seat is extinguished, extinguished presumed right to seat referred canceled, as expressed Art. 97 of the Mortgage Law (LH).

So good, according to art. 78 LH, cancellation of registrations and notations may be total or partial.

The cancellation total may be requested (and must be obtained) when the cases referred to are given in Art. 79 LH, and they are:

  • When fully extinguish the property subject to the same.
  • When the registered right is also completely extinguished or recorded.
  • When the nullity of the title under which declare they have done.
  • When declaring invalid for lack of any of the essential requirements, as provided in this Act.

ROCA SASTRE considers that there are more grounds for total cancellation, as canceling their formal consent, the rectification extintiva, the renunciation of notation and inactivity negligent of the registered owner.

The cancellation partial may be requested (and must be ordered), according to art. 80 LH, cuando:

  • reduce the property subject to registration or notation.
  • Reduce the registered right or recorded.

marginal notes

Marginal notes are an accessory seat that extends to the margin of the entry of presentation (art. 435 RH).

These seats listed are understood as "market value " given the informal nature of registry rules. While it is true, other current state that are also considered important registry entries:

inmatriculación

Inmatriculación involves access the first of a property in the Property Registry. There on that either a previous registration.

Resolution of 6 September 2013 the Directorate General of Registries and Notaries, published in the Official Gazette 14 October 2013, determines the content of the inmatriculación, so that: “in that first inmatriculación the description of the property must be the most complete and accurate, so as to allow its perfect individualization for any other, Given the There should be no doubt that the purpose of the act or legal business falls on the farm or right clearly identified.

So the cause inmatriculación be given to the property a different number and serially, according to art. 8 LH.

So good, to carry out the inmatriculación must attend to the art. 7 LH. This article determines the first registration the Land Registry must be domain.

The registry entries

According ROCA SASTRE, the registry entries are simple but express indications, made a registration or notation of a recordable data concerning the existence of a load or actual charge which is not incorporated in the title originating the registration or notation.

MANUEL FAUS simplifies the concept as "one manifestation registration by which is has a right in different which you enroll. "

Resolution of the DGRN 10 June 2014, publicada en el BOE el 29 July 2014 deterima that, “It mentions only properly exists when the registration entry refers to rights, loads or conditions, you can access the registry, they have not done it. Of the resolution shows that are circumstances precluding rating mere mention the following: 1.º The right is constituted in the title presented; 2.No. That's right, as it is set in the title, appears registered or recorded in the register according to their legal nature; 3.º The object of the law appears identified, and 4.º That not being a nominee or typical law, in which case its mere name is enough to identify it in its basic configuration established by the Act, contains a sufficient determination of the content and scope, the, in the terminology of the 2nd rule of Article 9 of the Mortgage Law, its <<nature, and extension conditions>>, mortgage requirements imposed by the principle of specialty. ".

 Consult your case now

 

Leave a Reply

Language


Set as default language
 Edit Translation


Subscribe to receive a book PDF


Just for signing up receive via email the link to download the book "How to change lawyers" en format digital.
Sign up here

Sígueme en Twitter



Subscribe me

* This field is required