Limitations

1.    Are all legal rights in property capable of registration in your system? If not please state the legal rights or interests in land that must be investigated outside of the registration of title system i.e. those that could bind a bona fide purchaser for value without notice without registration?

There are very few exceptions and basically regulated by law, such as legal mortgages which nowadays are very uncommon, or privileged credits, but their priority basically affects the right to be paid ahead of others who have seized the property or have a mortgage. Leases of rural property oblige the purchaser but the seller must confirm if a lease    does exist for the deed to be registered.

• Is it possible to create property rights different from the ones regulated by the law? – numerus clausus or numerus apertus-  (EU Adapt project)

Yes. Numerus apertus principle applies in the Spanish system.

Yes

• In case the private parties are not allowed to create property rights different from the ones allowed by law, how broad is their freedom to determine the content of those rights? (EU Adapt project)

Every unknown property right must meet the following characteristics:

1) Typical requirements of real rights: Absoluteness and immediacy.

2) External characteristics that make them transcend to third parties, strangers to the business.

3) The substantive and formal conditions necessary for registration, and compliance with the mortgage law principles, in particular authentic title and specialty.

This position has been confirmed by different resolutions such as those of 6 III 2001 or 25 IV 2005 of the General Spanish Directorate of Legal Security and Public Faith.

2.    To whom does responsibility for investigation of such rights apply?

The purchaser should do enquiries.

3.    What protection if any is available to parties who are bound by property rights that are not capable of being recorded on the title registration system? (For example “hidden rights” such as certain easements that may run with land without a legal requirement for registration).

The seller should inform the buyer if any of those hidden rights exist and in failing to do so, liability could surface for misrepresentation.

4.    Are the boundaries conclusive in the registration of title system? If not, are they guaranteed by another state agency/government department/authority?

No. It is a competence of the Cadastre.

5.    How does an aggrieved party remedy any boundary error?

It could either be done by a procedure before the Cadastre or in some  cases through a civil procedure in Court if necessary.