Derecho Inmobiliario y cuestiones Fiscales
With the new legislative reform the sharing of details between the two registry offices is encouraged when dealing with the same object: that of a real estate property.
The Land Registry office is an administrative registry where is specified the characteristics of the real estate property, whilst the duty of the Property Registry office is that of providing publicity and security to real estate traffic. To date, these two registry offices have held different responsibilities causing duplicity and discrepancy and also inducing confusion and legal insecurity. The Law 13/2015, dated 24th June, from Reform of the Mortgage Law and the text combined of the Law of Land Registry Property has established diverse mechanisms to modernize the descriptions of the lands at the Property Registry and progressively to reach more coordination between the register Lands and the cadastral parcels. One of the main points that we explain below is the obligation to georeference the properties basically under two assumptions. It must be pointed out that the implementation of all the proceedings, mechanisms and exchange of information required under the Law 13/2015 of 24th June will take some time, but this urgent problem had to be settled.
WHEN TO GEOREFERENCE?
– It must be kept in mind every time that a property is registered. – In the case of division of plots, re-division of plots, concentration of plots, separation, division, grouping or additon, a mandatory expropriation or demarcation that determines a re-arrangement of the land (ar.9.b) LH). – When a portion of land occupied by any building, installation or planting must be delimited, in the declarations of new construction. Some details of ART.202 To this must be added the interpretation that has been made from the Resolution- Circular Law that has been sent by the General Director of the Registry and of Notaries to the Registrars of Property Registries, demanding that, when one of above examples arises, previously a georeference is carried out on the original property or the property where the new construction is declared.
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