Effective legal protection

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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 who appeared in a deed like seller, transferor or grantor weren’t the owner registered but another one were, absolutely Land Registrars would reject registration. There is no other LR response.

Spanish LR system keeps carefully the so called enchained or chained title principle and protection of owners or holders registered is considered bound with the superior principle of effective legal protection.

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?

For similar reasons, registrations contained in the Registration books or land books only can be modified with consent of owner registered or by a judiciary resolution from a proceeding or case that the owner registered has taken part in.

In other words, without these legal conditions, neither deeds nor judgments nor administrative decisions (like Cadastral modifications) can modify properties registered as for description, ownership and so on.

This question is also considered bound with the superior principle of effective legal protection.

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

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

a) Notifications to communicate the decision of registration or rejection of registration.

b) Notifications issued in enforcement or foreclosure procedures, in order to report it to owners or holders of rights of inferior rank and potentially damaged (because their rights would become cancelled if the foreclosure or enforcement reach the end).