The Property Registry is a body of public character which depends on the Ministry of Justice (@justiciagob). It could be defined as a large database where it appears relevant information about a property, from who its owners are, to the possible charges that may exist on it.
Here they register and write down acts, contracts and resolutions judicial or administrative that may affect property, other rights over the property, and even some of the ability of people to act.
The first thing to be clear about is that it is a Registry voluntary, not like the cadastre, that is, you can register or not what you consider appropriate and that affects your property, with one exception: mortgages, which must be included in the Registry compulsorily. Something that the bank itself will also demand and comply with haste.
How does the Land Registry work?
Dependent on the General Directorate of Registries and Notaries, each register collects the affairs of a specific territorial constituency, being in charge of a registrar, who is a public official.
When a first registration is made, each farm will open a registration folio, where the successive annotations will be made. In that file there are many data that can appear, for example, titles that declare ownership or transfer of a property, mortgages and their subrogations, usufruct rights, lease, sublease and assignments; the judicial resolutions in which the legal incapacity to administer the property is declared, and the administrative concessions.
The data collected by the Registry may appear in different ways and it is convenient to know what each of them means:
- Presentation seat. It is the first annotation made in the Diary book indicating the documentation that has been provided, for example, a property deed, with date and time.
- Registration seat. After analyzing the documents, the registrar has a general term of 15 days to convert that first «provisional» entry into a definitive one, unless there is an anomaly that must be communicated to the interested party.
- Preventive annotation. Have a determined expiration period and is registered to protect rights or to publicize certain judicial or administrative decisions. A property can have a preventive annotation of seizure, disability claim, inheritance law (yet to be determined), etc.
- Headnote. It can accompany a registration entry to specify a specific event that affects the farm. The most frequent are those that announce the cancellation of a preventive annotation (for example, that the embargo that appears is no longer valid).
How can you make a registration or an inquiry?
Any person who has a legitimate interest may present in the registry the documents that serve to record an act or right that affects the property. Logically, those titles, which justify the registration, must be consigned in a public deed or in another document with legal validity.
Registration must be done in the registry to which the property corresponds territorially, something that you can easily find out by consulting the Web of College of Registrars. The final entry will not be made until paid the corresponding fees, because it must be remembered that this is a voluntary registration in most acts, but not free.
The procedure can be done face-to-face way, by ordinary mail, electronically or by fax. In the latter case, the registration entry will require the presentation of the original title.
What is the simple note and how is it obtained?
Especially when buying a home, requesting this document is common and highly recommended. The simple registry note offers detailed information on different aspects of the property. Indicates the type of farm it is (home, lot, garage space …), its description and location, the owners and the existence of any annotation on charges.
It is important to clarify that the simple note has a purely informative value and as indicated by the College of Registrars (@Registrar_en) does not attest to the content of those entries. Another thing is the registry certifications which are copies, transcripts or literal transfers or in relation to the content of the Registry. They come in various types and are often requested to confirm the status of a particular seat, for example, to be sure that a possible foreclosure or mortgage has expired.
The request for these documents provides security when it comes to acquiring a property, knowing perfectly any situation that could affect it. Obtaining them involves a cost. Some companies carry out the procedure, but you can also do it, requesting them in person at the corresponding registry or online through the Online registration, where you can carry out practically any procedure of this type and obtain information to clarify all your possible doubts.