What is first registration of a property?

Land Registry

The system of carrying out operations related to real estate was a manual system, the operations of the documents presented were slow and the process of presentation, operation and return of a document could take months. In 1996, after a series of structural modifications and the implementation of state-of-the-art computer technology, the General Registry of Property now offers more agile, quicker and more accurate services in the performance of its functions, while guaranteeing legal security to the users of the registry.

By means of Governmental Agreement 30-2005, the National Registry Commission was created, as established in Article 32 of said agreement, as a high-level organ of the registries, and in accordance with Article 34, it will have a permanent character.

Modernization is one of the most important aspects for which the National Registry Commission was created, with the purpose of optimizing resources for the institution as well as for the users, therefore the Regulation through which it is created, establishes in article 40, that of the total amount of fees that enter the Registries, the percentage established in the general tariff (no less than 20%) should be destined to constitute a fund to be used exclusively for investments in modernization.

How does a Land Registry work?

The main function of the Land Registry is to register all the real estate located in its circumscription, as well as all the rights in rem that fall on them. … In this case, the Registrar will register the acquisition of the first person who went to the Land Registry.

What is registration in the Land Registry?

In the Land Registry, registrations, cancellations and marginal annotations are made for acts, contracts and other registrable legal situations contained in notarial, judicial and administrative documents, which are required or permitted by law.

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What type of entity is the Land Registry?

Pursuant to Article 1124 of the Civil Code, the General Property Registry (RGP) is a public institution whose purpose is the registration, annotation and cancellation of acts and contracts relating to ownership and other real rights over real estate and identifiable movable property, with the exception of …

Land Registry Spain

The Land Registry can also be defined as the institution that, in order to strengthen legal security in real estate, has as its object the registration of the constitution, transmission, modification and extinction of real rights over real estate, as well as judicial decisions relating to the capacity of persons and leases and option contracts.[2] The study of the Land Registry corresponds to real estate law.

Roman law has traditionally been considered the prototype of the clandestine system in real estate transactions. This clandestinity was due to various reasons, including technical ones such as the lack of dissemination of the document.

The problems posed by the cases of double sale or sale of estates as free, being encumbered, were not faced from the preventive point of view, but repressive, through the figures of the actio auctoritatis and the crime of stelionato.

In these periods, the mancipatio and the in iure cessio fell into disuse and the traditio became generalized, turning the transfer of real estate into a private and secret act. It is then when the characterization of Roman law as a clandestine system appears, especially when the transfer of possession is spiritualized through the various forms of traditio ficta.

What is considered to be the date of registration in the Land Registry?

The date of registration is considered to be the date of the filing entry, which must be stated in the registration itself, for all the effects that this must produce.

How much does an entry in the Land Registry cost?

The cost is $4.00 per certificate.

How much does it cost to register in the Land Registry?

Depending on the value, the amount to be paid is as follows: 24.04 euros if the value does not exceed 6,010.12 euros. An additional 1.75 euros for each additional 1,000 euros of cost up to 30,050.61 euros. An additional 1.25 euros for each additional 1,000 euros of cost up to 60,101.21 euros.

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Importance of the land registry

Thanks to the inscription of a property in the Land Registry we are officially recognized as owners. We can dispose of our right, selling or mortgaging, and anyone who has interest in buying a house or to constitute on it a right, will be able to have at his disposal all the necessary information to be able to decide in equal conditions and without surprises. In addition, by registering we have the security that nobody will be able to deprive us of our right or to dispose of it fraudulently.

The objective of the Land Registry is to give publicity of the registered acts and consequently legal security to the property and future acquirers of the real estate, since registering them, those who consult it are informed about the domain and other real rights or charges that weigh on the same ones, minimizing risks of eventual claims.

By registering in the Real Estate Registry all acts affecting the ownership or rights in rem over real estate, it provides total security and legal priority to the rights registered therein, which in turn guarantees total security in real estate transactions, which is the main objective or purpose of the Real Estate Registry, and the reason for its existence.

How long does it take to register in the Land Registry?

Thus, it usually takes about 15 working days -or even more- to record the change of ownership of the property through a simple note. In addition, the mentioned organism will have to contact the Cadastre so that it also reflects the change in the ownership of the real estate.

How do I know if my deed is registered?

Go to the section of the Public Registry of Property and Commerce (RPPyC) and you will be able to find all the information you need to file the application to obtain the Certificate of Freedom of Lien.

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How do we know if the Scriptures are good?

Going to the Public Registry of Property will help you to know the current legal situation of the property you are interested in buying, and therefore to know if you have the documents in order to buy the house.

Public Registry of the property free consultation

The certifications are copies, transcriptions or transfers, literal or in relation, of the content of the Registry, that -prior to their professional treatment by the Registrar-, constitute the means to credit reliably the mortgage situation of the properties and rights.

The means of requesting, and obtaining, a Certification is in writing on paper. It must be requested in person, at the corresponding Land Registry. However, recently the possibility of obtaining telematic Certifications has been implemented, with a recognized electronic signature of the Registrar.

However, the creation of new figures of real rights in practice is difficult, since they should meet the structural requirements of real rights, such as immediacy or absoluteness.

The Land Registry allows the registration of other rights, even if their real nature is not always clear. Thus, it allows the registration of: the statutes of horizontal property; leases, subleases, assignments and subrogations of the same on real estate; the right of return of leases; administrative concessions and mortgages on them; acts deriving from compulsory expropriation, or administrative enforcement; prohibitions of disposal permitted by law; or the causes of termination of registered rights, among others.