What is the Land Registry?

         Following the traditional concept, the Land Registry can be understood from three different perspectives:

-As a legal institution

-As a public office

-As a set of records that from part of the archives

I. In its broadest sense the Land Registry is a legal institution that primarily serves private individual rights with a Land Registrar as the person responsible. Using the ‘’folio real’’ system the registry fundamentally seeks, uniquely and exclusively to make known the law concerning real estate properties.

II. As a public office we would define the Land Registry to be the public office located in the mortgage district where work is done under the responsibility of the Land Registrars who in turn respond directly to the General Directors of Registrars and Notaries of the Ministry of Justice.

III. Finally, as a set of records, the Land Registry will have all books organized, categorized, correctly numbered and authenticated  in all Land Registry offices open to the public.


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What is the purpose of the Land Registry?

  1)What is the purpose of the Land Registry?

Like any institution, the Land Registry must fulfill the purpose for which it was created to justify its existence.

We summarize those purposes in the following:

a)  to safeguard the property as an asset, protecting it through legal transactions. By giving the holder of the Registration information on legal issues and by protecting third parties who rely on their Statements, the Land Registrar accomplishes this goal to help promote negotiations in real estate.

The first to access the Registry claiming his rights will receive the protection of the institution because the Registry will close to any other title even if it is of an earlier date. The registered owner is protected against disputes on ownership. No one may make a transfer without their consent nor can they be condemned without being heard. You may stop any claims on your rights through the legal action of an oral proceeding regulated in the LEC, with merely submitting a certificate of registry that verifies validity, without contradiction of registration of ownership.(Art. 41 CH)

Registration is primarily a secure means for prevention, avoiding the excessive proliferation of lawsuits, because conflicts of interest are not only solved going to judges but also through mechanisms that prevent these conflicts to come about. Linked to this end, is the supervisory system for monitoring real estate transactions and its legality in the civilian sphere is reflected through the qualifications of the Registrar.

  a) Promote the so-called loans for territory, mainly the granting of loans secured by real estate (ex. Mortgages), as opposed to personal loans where guarantee is less reliable, as it will not respond with a specific property but with general liability.

  b) Provide information through publications (displays, notes and certificates) of the contents of the books of the Registry.

   c) Provide dates to the Administration to help form statistics on real estate contracts (mortgages, leases, etc.)

The Registrars will send their statistics on mortgage loans to the National Institute of Statistics.

   d) Acting as an important aid to the effectiveness of certain taxes such as inheritance, capital transfers, etc.

For this purpose we must include all matters related to fiscal conditions along with the receipts for payment of certain taxes. As well as with the prohibition of registration without having previously paid the appropriate taxes. (Art. 254 LH)

 e)  Cooperate with the Administration in important activities such as urban planning, farming, property registration, prevention of money laundering.

As for prevention of money laundering the Instruction DGRN 10December 1999 must be taken into consideration.




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What is our aim?

According to Article 1,1º in the Mortgage Law, the Land Registry has as a goal the registration and endorsement of records and contracts within its domains and other rights regarding real estate’’ Therefore the following must register at the Land Registry’’ (Art. 2 LH):

a)      transfer of titles (ex. Purchase or gift) or declarations (ex. New constraction or division) relating to real estate and tax obligations.

The real estate and taxes imposed are to be  registered without distinction  of the person or company to which it belongs therefore those that belong to the State, autonomous communities, the provinces, local corporations or any legal entity may be registered.

b)   titles which are recognized, passed on, modified or that extinguish rights (such as usufruct, mortgage, easement, etc.) and in general any act or contract of importance which has no legal name, modifies at the time or in the future any authority over the real assets or are inherent to tax obligations.

c)   also registered are legal rulings that affect capacity/ability of a person (such as the inhability to administer assets, death, absences ,etc.) as a mean to provide essential dates so that the Registrar may make proper determinations.

d)   the leasing of real estate, even if it is an individual right, the same as the option to purchase (ART. 14 RH). The right to return of rent (ART.15 RH) the administrative concessions that affect or fall under real estate (ART. 31 RH) etc.


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Where-Office Hours?

The Land Registry, as an office open to the public must have a physical office to allow the registration to be done at a specific address.The Registry must be located in the capital of the mortgage district.

The location will have been assigned by the Ministry of Justice, previously proposed by the General Directors of Registrars and  Notary Public.

The Mortgage Regulations alone impose a limit on the liberty of the Registrars to determine a location for the Registry, always within the designated population:

The premises must have the indispensable conditions to guarantee the security and conservation of records wether the premises is leased or purchased is irrelevant



Registries in the Balearic Islands (Office hours)

The Registry will be open to the public, for the submission of documents, all working days from nine o’clock to two o’clock, leaving the other working hours to work on other issues they are responsible for.

The Registrar, if he feels it is necessary, may extend the time frame one hour, or open and close an hour earlier (ART. 360 RH). In the Balearics the established working hours are from eight o’clock to one o’clock.


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Publications from the Registry?

There are two possible ways:

a)   manifestation of the records by means of:

-    direct exhibition

-    or “Nota simple” simple informative note

 b)   A certification issued by the Registrar, that may be either of the entries made by the        registrar or the documents filed in the registry these files may be considered Personal files.

The Registrars will establish the type of control they deem appropriate regarding the identity and details needed of those requesting the books at the Registry so that there is sufficient information in the office on each person that has received  a “Nota simple’’ for each specific day.

The application for information at the Registry will include the identification data of the applicant, which will be filed and kept at the Registry for THREE YEARS, so one may always find out the name of the person who applied for information, his/her address and identification number (instruction of DGRN, 17 February 1998)

Certification and “Notas simples’’ will be issued on special paper provided by the Fábrica Nacional de Moneda y Timbre (mint house), in order to avoid falsification.

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Notas simpes and Certificacions?

What is an informative “Nota simple’’?

The “Nota simple” is a brief extract of the contents of the entries made by the Registrar in relation to the property of interest, where you will find the property identified, along with the identity of the holder or holders who have the right to the property with its extensions, nature and limitations as well as prohibitions or restrictions that affect his/her rights. This document is merely informative it does not certify the contents of the entries (ART. 222 LH and 332 RH)

From this definition we may note the following characteristics:

a)      It is a brief excerpt, therefore it is not the complete ‘’Nota simple’’

b)      It will refer to the valid entries, therefore you will not have a complete history of the property.

c)      Its contents will be limited to stating: the identification of the property, the holders and their rights, the extension, nature and limitations of their rights as well as prohibitions and restrictions that may affect one or the other.

The ‘’nota simple’’ may be limited to providing such data or if it is proven of rightful interest may be more specific with its information (for example, the date on the deed , the authorizing Notary, the segregations that have been made, etc.)

d)      It does not certify the entries made by the Registrar: it merely reports the facts recorded at the Registry.

The informative ‘’nota simple’’ will not be given to just anyone, only to those that have, rightful interests, thus it will only have the value of a private document issued by a professional to the person who has made the request. If the person who has received the ‘’nota simple’’ decides to share this information it will not have the guarantee of publications from the Registry because this type of guarantee may be given by the Registrar and only by the Registrar. The Registrar will be responsible for any errors made while issuing the ‘’nota simple’’ to the person who has made the request with rightful interests. The Registrars will not be held responsible for any information given to third parties on the “Nota simple”.


Telematic (Via Internet) request for a” Nota simple’’ from the Land Registry


What is a certification of registration?

This certification is a public document issued by a Registrar to certify the contents of the entries in the Registry. This is the only way to prove if a property is free or not from tax obligations.

The certification, like the ‘’nota simple’’ gives notice of the contents of the Registry, however unlike the nota simple where the relationship is only between Registrar and he who requests the information, the certification certifies to all interested parties, the entries made in the Registry.

ART. 317, 5º LEC states that these certifications are public documents that may be used as proof.

The certification may be issued, in writing or by electronic format, on request of the applicant.

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What is?

What is the purpose?

What is our aim?
Where-Office hours?
Publications from the Registry ?
Notas Simples and Certificacions ?






Nota Simple Land Registry


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