Land registry based on the real folio principle.
Some land registration systems consider any immovable asset, regardless its nature or situation, a subject matter of registration. Others restrict the concept only to those specified by law, or even create legal fiction of immovable assets with regard to the registration in the land registry.
1. Is there any specific provision in your law that regulates what can create a new land registry file (a new folio)? Could you please state that provision? What is the basic unit in the land registry? What can open a folio? Only Immovable assets by nature, or also immovable assets by legal fiction (by disposition of law)?
According to article 1 of the Spanish Mortgage Law, the aim of the Property Registry in Spain is to register acts and contracts related to property ownership, to this, article 4 of its Regulation adds that all real properties as well as their property interests will be registrable, therefore not only immovable property can open a folio, although that is the most common case.
It is usually a plot of land, which should match exactly the cadastral parcel, -but only for the first registration-, a procedure that can only take place by ownership file; by acquisition deed, followed up by statutory declaration when the acquisition by the transferor is not duly authenticated; or by a specific certificate only for certain Public Bodies and Institutions. Once it has accessed the Land Registry that requirement –matching the cadastral parcel- does not exist, even though coordination is pursued.
Apartments, commercial premises, and garages are common, but there are also special properties like “water”, time-sharing rights –such rights could open a folio even if the apartment they are on has not been previously registered separately from the building- or public concessions that can also open a folio, so immovable assets by fiction, by disposition of law may as well do it.
2. Could an immovable asset, being part of a bigger immovable asset already registered, be separated in the land registry by opening a new file (a new folio)?
How are these situations organized: is there any link or connection between different real folios?
Please provide more cases according to your system.
If a piece of land is segmented from a bigger one, it will open a new folio, where it will state its origin as well as the encumbrances they were charged with previously to the division, these encumbrances will be on the new piece of land as well.
This same procedure will take place if two different pieces of land are consolidated into one, in this case the bigger piece will open a new folio, and those of the former pieces that are consolidated will be closed, again the encumbrances will charge the consolidated piece.
Buildings follow a similar procedure when they are divided into dwellings and even garages, if the latter are divided into private parking spaces that can be purchased separately. Those new entities will state their origin and existing encumbrances on the building they are part of.
Houses built on a registered plot or parcel will be registered on such plot, on that same folio.
3. What is the legal criterion that defines the object of land registration (Please select all possibilities, applicable to your system):
– Is there a connection between the object of the legal traffic and the land registry entity? If so, could you please describe this connection
As it was mentioned before, it is basically the nature of the asset, immovable property, as long as property or real rights exist, but not only will the deeds stating, constituting, recognising, transferring, altering or extinguishing the ownership or property interests can be registered, also any other deed related to rights of the same nature, as well as any other effect in rem action or contract which, without having a proper name in law, modifies or may modify in the future some of the rights of ownership over real property or rights related to property interests.
There are also some special situations that could access the Land Registry such as bankruptcy, either of a person or a company, which will be registered on the folio of their properties and rights. If a person has suffered any restriction on his/her capability, it can also be registered, but only as long as they own or hold a right that has accessed the Land Registry, the documents for such registration will be the Court rulings.
4. Identification of the LR entity: Is each land registry entity identified by a single identification number? Is it created, maintained and written off by the Land registry organization?
– If a Land Register identification number is applicable to your situation: could you please describe the way this LR ID number is structured. Could you please share a (specimen) identification number?
– Which other information is needed for a easy and complete identification of the entity? (Please select all possibilities, applicable to your system):
Every “entity” that opens a folio has an identification number regarding the Land Registry, which are organized according to territorial area. This number is created, maintained and written off by each Land Registry, it is the proper identification number.
There is also another number called CRU a control number that is automatically assigned by a computer system. It facilitates the location regarding the whole country, since it is a unique number for every entity. An example of an identification number from the Land Registry would be number 11.587 of the Land Registry of Calafell, and its CRU, 43025000098388.
To identify such entities, the registration data will be enough, the above mentioned CRU could help too, taking into account that since it is automatically assigned it may not exit for all entities yet, the location –address-, or even the name of the owner could help to narrow it down.