Principle of sucessive tract:
"No entry except the first, will not be registered, or recorded without the right form where it emanates has been recorded previously" In simple words: Land Registry in Spain works as a chain, so no link can be engaged without the previous one. Sometimes, in order to register a right which has no inmediate right recorded, you will have to do through th registry procedure for resumption of the sucessive tract.
For instance: we are working for a client who wants to register a house he has inherited, the deceased person did not have the house reistered under his name in the Land Registry, we need to prove ownership through public and private means and aply for the registration of ownerhip by the deceased person BEFORE instating our client's ( the heir) record.
Principle of specialty:
Tells about the system of the Land Registry, whose unit is the PLOT, which has a number and on which all related rights are recorded. So if you own a house in Spain, you need to know its registry number. Your property must be registered in the Registry according to location, no every town has one, so if your house is in a little town , it is very possible the Registry will be in the nearest big one. Anyway, your lawyer will be able to check on your registered ownerhip status online.
Principle of impenetrability:
Once the procedure for registration of a right has started, there is no gate for any incompatible rights to try to enter the Registry.
As you know Land Registry procedures in Spain are very controlled and strict in order to provid safety and consitency to the mortgage market and the real estate traffic.
The role of Notary and Registrars is generally unlaw by commun law citizens as it is completely different from the role of them in your legal system. That is also why conveyancing lawyers play a very different part in Spain and in the UK when working for you at the buy or sale of your house in Spain.
Your conveyancing lawyer in Spain is a guide who will make your company while you are inmersed in a system, country and language that you do not know . The spanish convenyancer will procure that deposit and purchase contracts are fully respectful to your Consumers rights, and will defend your position before the other contract party in every sense, but it is very advisable that you end the process by signing a Notary deed and registering the property in the Land Registry.
The sale is completed with the private contract but you will not be able to oppose it to good faith buyers if it is not registered and of course, no bank will lend you money if the property is not also properly recorded.
What to do if you obtain your registry certification and discover that your house is different/bigger than what is registered? I will tell you about this in a couple of days.
I am in London... will tell you about my experience here once I am back.
Have a great day!
Maria
www.costaluzlawyers.es