In the Spanish registry system, the concept of "inmatriculación" refers to the process through which a property that has not previously been registered in the Land Registry is recorded for the first time. This process, governed by the Mortgage Law, is essential for providing legal certainty to property ownership. The recent amendment to this law, which came into effect in May 2024, establishes that the Land Registry will be managed electronically, using the "real folio" system, where the property is the fundamental element.
The first registration of a property in the registry can be done through various means. One method is the domain proceeding (Article 203 of the Mortgage Law), which is processed before a notary and requires the presentation of the title deed, the cadastral certification, and other documents that prove the absence of prior registration. The registrar reviews the documentation, and if there are no conflicts with other properties, the registration proceeds.
Another method is registration by double title (Article 205), which requires the submission of two public deeds proving the ownership of the property, with at least one year between them.The property description must be consistent between both deeds and match the updated cadastral certification.
Additionally, the Mortgage Law allows for registration through an administrative certification (Article 206), reserved for public administrations, or through administrative documents in specific procedures (Article 204), such as cases of forced expropriation or land consolidation.
It is important to note that the protection of public property is also reinforced in this process, requiring that the graphical representation of the property be coordinated with the Cadastre, which helps to prevent issues such as double registration. In exceptional cases, an alternative
graphical representation is allowed when it does not exactly match the cadastral certification.
Finally, the effects of the public registry's legal protection do not apply immediately, as at least two years must pass from the property's registration for third-party buyers to benefit from this protection, as stipulated in Article 207 of the Mortgage Law.
This legal framework aims to provide greater transparency and legal certainty to the process of property registration in Spain, ensuring the proper identification and protection of both public domain and private properties.
Sandra Gámez Chaves
