Following the traditional concept, the Land Registry can be
understood from three different perspectives:
-As a legal institution
-As a public office
-As a set of records that from part of the archives
In its broadest sense the Land Registry is a legal institution that
primarily serves private individual rights with a Land Registrar as
the person responsible. Using the ‘’folio real’’ system the registry
fundamentally seeks, uniquely and exclusively to make known the law
concerning real estate properties.
As a public office we would define the Land Registry to be the
public office located in the mortgage district where work is done
under the responsibility of the Land Registrars who in turn respond
directly to the General Directors of Registrars and Notaries of the
Ministry of Justice.
Finally, as a set of records, the Land Registry will have all books
organized, categorized, correctly numbered and authenticated in all
Land Registry offices open to the public.
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is the purpose of the Land Registry?
Like any institution, the Land Registry must fulfill
the purpose for which it was created to justify its existence.
We summarize those purposes in the following:
a) to safeguard the property as an asset,
protecting it through legal transactions. By giving the holder
of the Registration information on legal issues and by protecting
third parties who rely on their Statements, the Land Registrar
accomplishes this goal to help promote negotiations in real estate.
The first to access the Registry claiming his rights
will receive the protection of the institution because the Registry
will close to any other title even if it is of an earlier date. The
registered owner is protected against disputes on ownership. No one
may make a transfer without their consent nor can they be condemned
without being heard. You may stop any claims on your rights through
the legal action of an oral proceeding regulated in the LEC, with
merely submitting a certificate of registry that verifies validity,
without contradiction of registration of ownership.(Art. 41 CH)
Registration is primarily a secure means for
prevention, avoiding the excessive proliferation of lawsuits,
because conflicts of interest are not only solved going to judges
but also through mechanisms that prevent these conflicts to come
about. Linked to this end, is the supervisory system for monitoring
real estate transactions and its legality in the civilian sphere is
reflected through the qualifications of the Registrar.
the so-called loans for territory, mainly the granting of loans
secured by real estate (ex. Mortgages), as opposed to personal loans
where guarantee is less reliable, as it will not respond with a
specific property but with general liability.
Provide information through publications (displays, notes and
certificates) of the contents of the books of the Registry.
Provide dates to the Administration to help form statistics
on real estate contracts (mortgages, leases, etc.)
The Registrars will send their statistics on mortgage
loans to the National Institute of Statistics.
Acting as an important aid to the effectiveness of certain taxes
such as inheritance, capital transfers, etc.
For this purpose we must include all matters related
to fiscal conditions along with the receipts for payment of certain
taxes. As well as with the prohibition of registration without
having previously paid the appropriate taxes. (Art. 254 LH)
with the Administration
in important activities such as urban planning, farming, property
registration, prevention of money laundering.
As for prevention of money laundering the Instruction
DGRN 10December 1999 must be taken into consideration.
According to Article 1,1º in the Mortgage Law,
the Land Registry has as a goal the registration and endorsement
of records and contracts within its domains and other rights
regarding real estate’’ Therefore the following must register at
the Land Registry’’ (Art. 2 LH):
transfer of titles (ex.
Purchase or gift) or declarations (ex. New constraction or
division) relating to real estate and tax obligations.
The real estate and taxes imposed are to be
registered without distinction of the person or company to which it
belongs therefore those that belong to the State, autonomous
communities, the provinces, local corporations or any legal entity
may be registered.
b) titles which are recognized, passed on, modified
or that extinguish rights (such as usufruct, mortgage, easement,
etc.) and in general any act or contract of importance which has no
legal name, modifies at the time or in the future any authority over
the real assets or are inherent to tax obligations.
c) also registered are legal rulings that affect
capacity/ability of a person (such as the inhability to administer
assets, death, absences ,etc.) as a mean to provide essential dates
so that the Registrar may make proper determinations.
d) the leasing of real estate, even if it is an
individual right, the same as the option to purchase (ART. 14 RH).
The right to return of rent (ART.15 RH) the administrative
concessions that affect or fall under real estate (ART. 31 RH) etc.
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The Land Registry, as an office open to the
public must have a physical office to allow the registration to
be done at a specific address.The Registry must be located in
the capital of the mortgage district.
The location will have been assigned by the Ministry
of Justice, previously proposed by the General Directors of
Registrars and Notary Public.
The Mortgage Regulations alone impose a limit on the
liberty of the Registrars to determine a location for the Registry,
always within the designated population:
premises must have the indispensable conditions to guarantee the
security and conservation of records wether the premises is leased
or purchased is irrelevant