When is it possible to open a new land registry file?
According to article 7 of the Mortgage Law, the first registration of each property in the Land Registry will be a domain one. However, there are cases in which a file is opened for a new property, without the first registration being of domain: thus, an independent file is opened for each item subject to the timeshare right, art. 27·1 Law 8/2012. This may be also the way to proceed when a surface right is constituted, although there’s no clear provision in this regard. Anyway, these are special properties that are created on the basis of a previously existing registered property.
In the same way, a new file is opened for the administrative concessions, according to art. 44·6 and 61 of the implementing regulation of the Mortgage Law. These are also considered as special properties.
In the event of modification of the demarcation of the Land Registries, or if a property is improperly registered in a Land Registry, corresponding to another, the transfer to the corresponding Land Registry is practiced opening a new file, regardless of the nature of the entry to be done and the right to which it refers.
All this cases, anyway, refer to previously existing registered properties, from which a new file is opened, by creating a special property, as aforementioned, or transferring it to the corresponding Land Registry. But if it’s the first entry in the Land Registry of a portion of earth’s surface, with everything that exists on it, including buildings, it’s absolutely essential that the entry that is practiced is of dominion. And this is so because the remaining real rights are considered a dissection of faculties that integrate the typical content of the domain.