Registration

1. Sort of registrations or records. Please, describe your LR system criteria regarding the type of registration applied.

For an essential idea about registrations in Spanish land books we should bear in mind there is a legal structure that is technically complex to develop.

So, registrations are not divided in boxes or pigeonholed and there are several kinds, namely registrations (different kinds), annotations or caveats, notes or remarks, cancellations and presentation entries.

LR information is supported by registrations but its structure isn’t similar. LR information structure is typically ABC taxonomy.

LR information and LR registrations are organised differently but LR information indicates faithfully the result or content of LR registrations.

Anyway, one can find parts in every Spanish registration or registration-standard:

  • Property (its descriptions and modifications) are based on literary physical data as exhaustive as possible and usually complemented with a cadastral reference.
  • Charges (generally, every registration has got a summary about charges in force).
  • Act or contract, whose legal elements are also described.
  • Statement of registration, expressing the Land Registrar’s decision of making the registration in favour of the new owner or holder and what title he has.
  • Reference to documents which support registration.
  • And some data more, among them the fact of tax payment.

But, unlike other LR systems neither Spanish LR registrations are pigeonholed or divided in boxes nor Land Registries hold a collection of copies of deeds. Regarding to the latter, except in cases of judiciary orders or writs, or certain administrative documents, Spanish land Registries don’t conserve or collect copies of documents and definitely, never copies of documents of Public Notaries.

2. Deadlines for registration. Must land registrars or LR offices make the registrations or entries requested within deadlines? Please, if applicable indicate which are.

Spanish land registrars are subject to mandatory deadline for making their legal scrutiny and registrations. This deadline is fifteen working days, starting from the filing entry of presentation.

If the deed or document is withdrawn before the registration (note that in Spain registration is not mandatory but voluntary), presents errors that may be rectified or in case of a previous pending document, the fifteen-day deadline will start from the deed withdrawal, rectification or registration of the previous deed.

There are exceptions but are so exceptional and restricted as it isn’t worth to tell about them.

3. Registration fees. Please, describe the main features of payment of LR fees. If you find it useful, suggest an example of registration fees of a sale of a property valued in € 100.000 and if it’s possible a mortgage.

(to study as exactly as possible)***