The matter on that I want to comment comes produced
by the incorrectnesses and lack of rigor in the previous analyses and
investigations brings over of real estate, realized in the Land Registry.
The legal means for the obtaining of
information on the part of the Land Registry are the simple informative note
and the certification. For a previous study it might serve us the simple
informative note, which is more attainable of obtaining.
The simple informative note expresses the
identity of the estate and of the holder, is a brief extract of the seats also
in force, identity of the holders, of the in force rights inscribed on the same
one, his extension, nature and limitations, as well as prohibitions and restrictions
that affect these and to his inscribed rights. The indispensable data to find
the necessary information about the estate.
It is necessary to know that the simple
informative note is a not authentic way of advertising, for what in case the
project goes on to a more serious stadium there would be necessary to request a
certification that, signed by the recorder, gives faith of the content of the Land
Registry.
It is necessary to have clear that only the
inscribed holder is the one that can transmit, since this way it is demanded by
the beginning of successive tract, and for it the figure of the Registry to be
created, to give the necessary guarantees to the patrimonial transmissions,
always, except judicial provision.
The checking registral from loads, something
most important in these so convulsed times, comes gathered in the Decree from
December 29, 1994 on Coordination of Offices of a Notary and Land Registry as
for safety of the real-estate traffic. This one is an instrument of supreme
efficiency for the finding of the existence of loads and limitations on the
real estate.
We have to have clearly, at the moment of
verifying the loads on the real estate, the difference between:
- Urban acts inscribable in the Land
registry (art. 1 RD 1093/1997), as the properly regulated ones for the RD, the
acts of execution (Acts of approval of the processes of execution of the
planning when they suppose the modification of the estates register them
affected for the Plan, etc.), the transfers of area with obligatory character,
transfers of urban development utilization, the special conditions of
concession of licenses in the terms foreseen in the laws, processes of urban
development discipline, contentious - administrative resources (cancellation of
the planning schemes, licenses, etc.), the firm judgments, and any other
administrative act that modifies the domain or any other royal right on certain
estates or the description of these.
- Titles deed inscribable with general
character as art.2 of the RD 1093/1997, which have his origin in business or
contracts between individuals, the orders of the Judge or Court and the
administrative certifications, except the cases in which the legislation
establishes another thing.
Only to remember that the Land Registry remove
by means of official books that constitute the file, and in them there register
the seats and preventive annotations of demand, seizure, etc …, the
cancellations, the marginal notes and marginal mentions.
