Land Registry FAQs: Common Registration Issues & Solutions
1. Acknowledgment of Debt Registration
Question: We present a deed in the Registry, an acknowledgment of debt in which A recognizes an obligation owed to B for €100,000. Will it be registered?
Practical Solution: No.
Basis of the Solution: The registry only registers titles establishing property rights (Art. 2 LH). This case involves an obligational right, registrable only if secured by a mortgage.
2. Mortgage Distribution in Horizontal Property
Question: A private mortgage distributes responsibility among 10 entities resulting from the horizontal property division. Is it registrable?
Practical Solution: Yes.
Basis of the Solution: While Art. 3 of the LH deed requires certain conditions, Art. 216 of the RH allows distribution “at or before signing/ratification or when signatures are legitimate,” confirmed by the Resolution of the Directorate General of Registries and Notaries (January 7, 2004).
3. Double Sale and Registration Priority
Question: A sells to B (public document, April 2, 2009, via fax). B’s tax payment isn’t recorded until April 16. A sells to C on April 13, with C’s document presented the next day. Which title is recorded?
Practical Solution: This is a double sale. While B has temporal priority, C’s title will be registered because it was presented first. B’s telematic presentation (April 2) lapsed without consolidation within 10 days. B may have recourse against A.
Basis of the Solution: Art. 17 LH.
4. Telematic Presentation in Double Sale
Question: In the previous scenario, what if the presentation was telematic?
Practical Solution: With telematic presentation, physical presentation (consolidation) within 10 days is unnecessary. The entry of presentation is effective for 60 days, pending tax payment justification.
Basis of the Solution: Art. 112 of Law 24/2001 (amended by Law 24/2005) and Section 249.2 of the Attorney Rules.
5. Condition Subsequent and Mortgage Ranking
Question: Can a deed with a condition subsequent imposed on a farm (X) match the registrar’s rank with a mortgage on a horizontally divided property where only X is burdened?
Practical Solution: Yes. Matching rank between a condition subsequent and a mortgage is acceptable under Art. 241 RH, provided requirements are met (deed, consent of holders, no harm to intermediate creditors, which don’t exist here).
Basis of the Solution: Art. 227 and 241 RH.
6. Mortgage Registration Without Prior Purchase
Question: A sells to B. B mortgages in favor of C. Only the mortgage is presented for registration. Can it be registered?
Practical Solution: No. Registration will be refused due to lack of prior purchase registration, as the property isn’t registered under B.
Basis of the Solution: Principle of successive treatment. Section 20 LH.
7. Impact of Invalid Sale on Subsequent Purchaser
Question: A sells to B, who registers. B sells to C, who also registers. The sale is later canceled due to A’s limited capacity. How does this affect C (unaware of A’s limitation)?
Practical Solution: The invalidity affects C. C doesn’t meet all requirements for public faith protection: not a purchaser for value, and registrar protection is limited to the predecessor’s.
Basis of the Solution: Art. 34 LH.
8. Impact of Invalid Sale (Known Limitation)
Question: In the scenario above, what if C was aware of A’s limited capacity?
Practical Solution: The invalidity affects C. Good faith is required for public trust protection.
Basis of the Solution: Art. 34 LH.
9. Impact of Invalid Sale (Coercion)
Question: What if the sale was canceled due to B being coerced, which C was unaware of?
Practical Solution: The invalidity affects C. Art. 34 LH doesn’t protect against nullity in the originating title.
Basis of the Solution: Art. 33 LH.
10. Filing Seat Expiration Date
Question: A payment is recorded on January 7, 2009. When does the filing seat expire?
Practical Solution: March 18, 2009, at the registry’s closing time.
Basis of the Solution: Art. 17 LH, 109 and 360 RH.
11. Filing Seat Extension with Defects
Question: In the above scenario, when does the entry of presentation render if defects described after tax determination are remedied (in writing) on February 28, 2009?
Practical Solution: With rectifiable defects, the filing seat extends by 60 working days from the registrar’s characterization, until May 13, 2009, at the registry’s closing time.
Basis of the Solution: Art. 17 LH, 109 and 360 RH.
12. Extension Impact on Related Titles
Question: What if the payment included a mortgage filed subsequently?
Practical Solution: The presentation entry extension for the payment extends the related mortgage’s presentation entry.
Basis of the Solution: Section 111 LH.