Proprietorship (Section B)

Home / European Land Registry Network / Spain / Proprietorship (Section B)
  1. Proprietorship or class of title

    Main right / Primary real right : OWNERSHIP
    Local nomen iuris: Dominio, pleno dominio, propiedad
    Definition: Ownership is the right to enjoy and dispose of a thing, without greater limitations than those set forth in the laws. (Article 348 Spanish Civil Code)

    Main right / Primary real right : BARE OWNERSHIP
    Local nomen iuris: Nuda propiedad
    Definition: Bare ownership is the ownership burdened by a usufruct

    Main right / Primary real right : CO-OWNERSHIP
    Local nomen iuris: Copropiedad, comunidad de bienes
    Definition: There is co-ownership where ownership of a thing or right belongs pro indiviso to several persons (Article 392 Spanish Civil Code)

    Main right / Primary real right : PUBLIC DOMAIN
    Local nomen iuris: Dominio público
    Definition: The following property is of public domain: 1. Property destined for public use, such as roads, canals, rivers, torrents, ports and bridges built by the State, riverbanks, shores, bays and other analogous property. 2. Property exclusively owned by the State, which is not for public use, and which is destined to any public services or to the fostering of national wealth, such as city walls, fortresses and other civil works for the defence of the territory, and mines, until the granting of a concession thereon  (Article 339 Spanish civil code)

    Main right / Primary real right : POSSESSION
    Local nomen iuris: Posesión
    Definition: Possession is the holding or tenure of a thing or the enjoyment of a right by a person with the intention of having them as one’s own or without (based on Article 430 Spanish Civil Code). However, registered possession is extremely rare since 1946 given that Spanish Mortgage Act (Article 5) establishes: “Deeds referring to the mere or simple fact of possessing properties will not be registered”.

    Main right / Primary real right : TIMESHARE
    Local nomen iuris: Aprovechamiento por turno, multipropiedad
    Definition: It is understood contract for timeshare goods that tourist use of higher than one year under which a consumer acquires for consideration the right to use one or more overnight accommodation for more than one period of occupation (Article 2 Spanish Act 2012/4)

    Main right / Primary real right : ADMINISTRATIVE CONCESSION
    Local nomen iuris: Concesión administrativa
    Definition: Real right granted by public administrations on public domain properties in order to support some use or service (provisional definition)

  2. Information on owners

    2.1 If owners are natural persons, information of the owner or proprietor or holder of the main right registered will usually comprise the following:

    –      Name of the owner (first name, surname) in the way governed by national legislation.
    –      ID of the owner.
    –      Person to whom the owner is married when acquisition is for the marriage or for matrimonial community of goods.

    However, normally there should not to be expected that information includes neither other identification number (passport, driving license, public health system number), nor the person to whom the owner is married in any case, nor civil status, nor date of birth, nor address, nor owner’s e-mail or telephone.

    2.2 In the event that the owner or proprietor is a company or legal person, information will usually include:

    1. Name of the company
    2. ID of the company
    3. Registered office
    4. Registration number
    5. Business address

    And it will not include other data such as date and place of registration, telephone or e-mail

  3. Entitlement

    Information of the Spanish land register system usually includes references to the:

    1. Entitlement or substantial entitlement, act or contract which is basis of the acquisition for the proprietor.
    2. Formal entitlement, deed of acquisition of the owner.

  4. Restrictions

    Information of the Spanish land register system does include the existence of restrictions about the insolvency of the owner, right of disposal or any other type of restriction just in the event they have been specifically registered in the property folio.

    With respect to the information on antecedent conditions will be included in Section B.

    With respect to the information on subsequent or resolutely conditions will be included in Section C.

    About foreign trusts, or fiducia sucessoria, it will be registered the acquisition of the last beneficiary which acquire a full ownership right. However, the right of the trustee cannot be registered as Spain has not ratified the international treaties for trustee registration and the Trust itself is not regulated according to Spanish civil law.

  5. Price

    LR information will include the price of acquisition of the property upon request of any user.

This site uses cookies to offer your a better browsing experience. Find out more on how we use cookies and how you can change your settings.