First inscription of a property in the Land Registry. Expert legal advice by White-Baos Lawyers.

Image - Land Registry: Francesco Scatena/shutterstock

Image - Land Registry: Francesco Scatena/shutterstock

J’s father passed away in 2020 and to the surprise of his heirs, during the inheritance procedure, they realised that one of his properties, a plot of land, was not registered in the Land Registry. “How is this possible? Every year we pay the IBI to the Town Hall! Could it be a mistake? Will we be able to sell this property in the future?” This situation is much more frequent than it seems. Especially when talking about rural properties that are many years old. In today’s article we analyse the most common method to register a property into the Land Registry for the first time.

Requirements established art. 205 of the Mortgage Act (M.A.):

  • First and foremost, it is essential that the property is not registered in the name of another person.
  • It will be necessary to prove that the property has been transferred twice. How? By providing two public deeds. They must be deeds signed before a notary (deed of inheritance, a deed of sale, a deed of gift, etc…)
  • One year must have passed between the two.
  • The description of the property specified in the deeds must coincide with the Cadastre records.

Are there any other special requirements?

Yes. Assuming all the above-mentioned requirements are met, the inscription must be publicised. This will be done by publishing it in the Boletín Oficial del Estado, and by notifying all the adjoining landowners.

What happens next? Does the process end here?

Not exactly. The law stipulates that two years must pass before registration becomes final and definitive. During this time, the inscription could be challenged.

Continuing with the case presented at the beginning of the article. J’s heirs were able to inherit and transfer the property. The first title was the public deed of inheritance (2020). The second one, the deed of sale (2022). Since all the requirements were fulfilled, the buyer was able to register the property into his right. Two years later, the inscription was “consolidated” and became definitive.

At White-Baos we are experts in land registry inscription, inheritances, real estate, etc. Do not hesitate to contact us. We will study your case and give you expert advice on these matters.  

You may be interested in the following services and articles:

What does an owner of a property in Spain need to do, when their property belongs to another person on the Land Registry?

Declaration or extension of a building in order to update our property at the land registry.

Acquisition of ownership by long use. Types of usucapion. Acquisitive prescription and the registry owner. Continued possession.

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