Effective legal protection

1. Enchained title and protection: Let’s suppose that someone appears as seller in a document or application for registration. However he’s not entitled to sell in accordance with the LR registration books or land books because precisely the registered owner is a different person who has nothing to do with that one. What would your LR response be?

If the person who appears as seller in a document or application for registration is not the registered owner the registry shall be made provisional (by doubts), according to the articles 34 and 69 of the CLR. This provisional registry remains in force for six months. Note that this registry clearly publicizes its provisional nature. During this period the seller can proceed to the registry on his/her behalf, based on deed that shall be previous to the one in which he/she appears as a seller. If he/she does not do so, the provisional registration expires automatically.

2. Entitlement to alter or modify LR terms. In your LR system, the entries or registrations in the Registration books or land books on the registered properties can be modified:

As a rule, in P LR system, the entries or registrations in the Registration books or land books on the registered properties can be modified only with consent from the registered owner or by a judiciary resolution from a proceeding or case that the registered owner has taken part in.

There are some aspects, very few and clearly stated by law, that can be changed in the register by order of the government authority, for example, changing the name of the street of the situation of the building, by decision of the municipality.

 3. Notifications. What sort of notifications for parties or stakeholders do LR offices deal with legally?

In Portugal, LR offices deal with some types of notifications in interest of parties or stakeholders, such as:

a) Notifications aimed at improving the application for registration, to request the correction of defects in the titles or the lack of any additional document.

b) Notifications to communicate the decision of registration.