 What is the Land Registry?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 I. 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. II. 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. III. 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.
What is the purpose of the Land Registry?1)What 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. a) Promote 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. b) Provide information through publications (displays, notes and certificates) of the contents of the books of the Registry. c) 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. d) 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)
e) Cooperate 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. .
What is our aim?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): a) 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.
Where-Office Hours?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:
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