 |
IurisConsulting Property Lawyers First Registration |
   |
|
| The Property Registry makes public the juridical history of the “finca”, which is the basic unit of the Spanish Registry System. Every registered “finca” has a page in the books of the Registry, assigning to each one, since they register for the first time, a different and correlative number, which constitutes the “finca” number. The “finca”, in general sense, is a defined area of land that forms a unit in the juridical traffic, always remains in the same place and is defined with territorial criteria. It is also considered “finca” the existing constructions in these territorial units. The Registry concept of “finca”, in particular, is all that that opens an independent Page in the Property Registry, that is to say, a unit determined by a particular number and Page.
First RegistrationThe First Registration is the inclusion of a “finca” in the books of the Property Registry, by means of the first inscription of domain or ownership in favor of the applicant, opening an independent Page in the Books. The first inscription of every “finca” in the Registry must be of ownership and has to be done according to specific procedures. The means for the First Registration are the ownership proceedings (expediente de dominio), the Titles of Acquisition (as those of administrative authorizations and the Public Titles of Acquisition), certain notarised deeds or affidavits (as those of widely-known facts proceedings -actas de notoriedad-, the administrative certifications of domain, and the judicial sentences that declare the ownership of a “finca”. Ownership ProceedingsIt is a procedure of voluntary jurisdiction for which the Judge provides to the owner of a “finca” a supplementary title (although the ownership proceedings are one of the means of First Registration, it is also valid for other purposes, i.e. to resume the interrupted sequenced registration or to rectify the differences of real surface of a plot with the registered one). The procedure begins with the presentation of an application before the judge, together with the documents that prove the pretended right, Certification of the Territorial Cadastre of the current circumstances of the “finca” and Certification of the Property Registry.
Widely-known Facts ProceedingsThe widely-known facts proceedings -actas de notoriedad- is a class of notarised deed or affidavit, in which certain facts are declared, precisely, for being widely-known. The interested person must request the initiation of this procedure to the notary, declaring under punishment of fraudulent misrepresentation of facts in a public record, the certainty of the facts that he asserts, and presenting certification of the current state of the “finca” in the Territorial Cadastre, as well as Certification of the Property Registry. After a series of steps and controls that the notary may consider to be suitable for the cross-check of the pretended widely-known facts, he closes the affidavit, pointing out if, to his understanding, the fact is sufficiently proven. In the affirmative case, the notary must send literal and entire copy of the above mentioned affidavit to the court. The judge, if he agrees with the content of the affidavit, has to notify it in turn to the notary so that he can proceed to notarise the procedure. First Registration by means of Public TitleIt can be registered, not requiring previous inscription, the purchase deed granted by a vendor who provides evidence to have acquired previously the right, whenever the mentioned right is not inscribed in favor of another person and public notice are published in the notices panel of the town hall, sent by the registrar with sight of the presented documents. The inscriptions done by this system are only exceptionable to third parties after two years of the inscription date. Double First RegistrationThe double First Registration takes place in all those cases in which the same “finca” appears in the Property Registry opening two different Pages, in favor of different persons. It takes place if both registered “fincas” are identical, although with different description, as if both are superposed, even if only partially.
|
|
| |||||||||
