How is an unregistered property entered in the Land Registry for the first time (“inmatriculación”)?

Question

José Manuel Alburquerque · Accepted Answer

First registration (“inmatriculación”) means opening the first entry in the “Registro de la Propiedad”, the Land Registry, for a property that has never been registered. One route is title proceedings (“expediente de dominio”) before a notary, in which the owner submits their title deed and the property's cadastral certificate. The notary notifies the neighbours and anyone else who may have an interest, who have one month to object. If anyone objects, the notary closes the proceedings and the owner can go to court. A property can also be registered for the first time with two successive public documents of title, if the person transferring it had also acquired it by public document at least one year earlier and the description matches that of the Cadastre (“Catastro”). Before you start Check that the property really is not registered. It may be registered under another description or in the name of a former owner. If it is registered in someone else's name, there is no first registration but the chain of owners has to be restored through other proceedings. The description of the property must match that of the Cadastre. If it does not, the Cadastre normally has to be corrected first. Gather your title deed and the documents proving how the property came to be yours. The proceedings before a notary It is governed by the “Ley Hipotecaria”, the Spanish land registration act, and involves these steps: It is requested from the notary for the district where the property is located or for an adjoining district. The notary is given the title deed and the descriptive and graphic cadastral certificate, the Cadastre's document with the description and the plan of the property. The notary asks the land registrar for a certificate that the property is not registered. If the registrar has no doubts, it is issued within fifteen days and a note of the proceedings is entered for ninety days, which can be extended to one hundred and eighty. The notary notifies the holders of any charges, the person who transferred the property to the owner, the person registered as owner in the Cadastre, the person in possession, the town council, the public authorities if there may be public land and the adjoining owners. The notary also publishes a free notice in the BOE, the “Boletín Oficial del Estado”, Spain's Official State Gazette. Anyone with an interest has one month to object. If anyone objects, the notary closes the proceedings and the owner can bring a claim in court, after attempting to reach an agreement as the law requires. If nobody objects, the notary draws up a notarial record (“acta notarial”) and the registrar registers the property. Other routes and costs Double title. The deed by which you acquire the property is registered if the person who transferred it to you had also acquired it by public document at least one year earlier. The descriptions must match the cadastral certificate. For the first two years, the registration does not fully protect anyone who buys afterwards relying on the Land Registry. A judgment declaring that you are the owner, in court proceedings against everyone who may have an interest. The cost depends on the route. You have to pay the notary's and Land Registry fees and, if the Cadastre needs correcting, the technical expert. Notices in the BOE are free of charge. These rules are national and apply in the same way throughout Spain.