The content of the information

GENERAL ISSUES:

A graphic example of a piece of information (see example annexed)

A) PROPERTY

• Description will include: Origin, location (address) and boundaries of registered properties and the area measurement (Surface in square meters)

Deed name and number, if they appear, have to be included as well.

Land use will be registred the administrative system that may affect it (e.g. whether it is subsidised housing), optionally, other physical features might be registered as well.

There is graphic information associated to the LR information .It is produced by the LR ( a new program is being developed and will be installed by the end of 2011). But might as well be linked to a map from another Institution like Cadaster, Cartographic Institutes, etc…

• Cadastral identification: cadastral refence is one of the datas conteined in the land description. The identification of the property could be more complete by adding a graphical representation or by the topographical definition in accordance with a geographical coordinate system. Cadastral coordination is required for new entries.
• Land registry provides legal protection for such datas as surface and boundaries in the terms explained in number five, but not for some others such as: agricultural land uses, number of rooms in a house, etc….
• The information of this section is coordinated with the Cadaster information. The cadastral or urban graphical basis and the topographical map, in case of being used, will be attached to the deed in a duplicate document. One copy will be kept in the Registry without prejudice to keeping it in a computer file.
• Only the registry provides legal protection, because only the one who makes any transaction in faith of what the Land registry publishes is always protected. Cadaster in Spain is an institution that provides data for land taxes, but does not give such legal protection as the one provided by the LR.

B) OWNERSHIP

Owner name and surname, address, identity card number, matrimonial regime.
Court’s decisions declaring legal incapacity to administer, absence, decease or any other situation that modifies the legal capacity of individuals regarding the rights to freely dispose properties may be find as well in the Spanish LR.

The amount under common ownership in a property. The statutory system for apartment  properties

Tiltle and nature, length, conditions of the registered right, if they exist, and its value, if it is included in the deed.

Registered deed with the corresponding date, Court, Notary or civil servant who authorised the operation.

C) MORTGAGES AND BURDENS

• Mortgage: obligation ensured; amount of mortgage with distinction of guaranteed sums (capital, interest and costs); deadline. Spanish LR allows syndicated mortgage credits and “flotable” mortgages, i.e. one mortgage for various, present or future, loans.
•  Easement: nature and properties affected by this servitude.
•  Usus or usus fructus: name of the holder and deadline if applicable.
•  Rights of occupancy ( sometimes linked to divorce), emphyteusis and ground rent ( on private or public properties),
•  Lease and sublease contracts.
•  Annotations caused by Judicial Measures:
  • Attachment: Judge or Court that handed down the writ, Sum object of responsibility, Name of the plaintiff.
  • Dispute: Judge or Court that handed down the writ, name of the plaintiff, Basis of the plaintiff claim such as proceedings under way for urban planning irregularities.
  • Prohibition to dispose of properties

Other annotations such as:

Financing creditors while construction projects lasts. Heirs, regarding succession rights, when there is not a specific transfer of concrete or undivided properties and Legatees in some cases.