In Spain there is Property Registry, which collects all real estate documents. However, in the nation there are many cases of houses, farms and land that have not been registered. In these circumstances, the problem is solved through the processing of a domain file. Basically, this document allows register a property in the registry before a notary public.
The mortgage law of 2015 aims to match what is recorded in the registry with the extra-registry reality (factual situation). Therefore, the goal is the inscription judicial, the resumption of successive tract or the constancy of excess capacity of a previously registered asset.
It should be noted that this judicial procedure and notarial is relatively expensive and long. This Law 13/2015 was approved so that notaries can process the domains for the registration of the farms. In this way, the process will turn out to be faster and cheaper. The registration of farms or real estate serves to record who is the owner or owner. Previously, the procedure was carried out through a voluntary jurisdiction procedure or, where appropriate, a declarative procedure.
What does the domain file allow?
- Carry out the first registration or registration of a farm that lacks sufficient property title.
- Reset the successive tract. Above all, in cases of real estate inheritance that are not registered in the Property Registry.
- Organize excess capacity, who require data modifications on the surface of a real estate. It should be noted that this must be incorrectly registered in the Property Registry. In addition, these must be caused by errors in their measurement.
Domain file types
Notary
This document does not give the notary the ability to judge or decide on the proposed matter. Basically, it is a notification act. El promoter must make the request to the notary that corresponds to the place of the farm. The request must include the following information: description of the property, personal data of the promoter and address of address. Then, the notary is in charge of asking the Property Registry for a negative certificate of the property's registration.
Judicial
The typology applies in the case of farms that are involved with third parties who claim to be right holders. These citizens will have to debate through a court the different claims. Of course, it should be noted that it is done through the corresponding declarative procedure, which will usually be the ordinary one. The judicial process must have the intervention of a lawyer and solicitor. Generally, those who resort to this type do so in cases of domain file due to interruption of the inheritance tract.
By usucapión
It is called usucaption or acquisitive prescription al way of acquiring property by possession for a specified time. This procedure comprises two modalities: ordinary and extraordinary.
Requirements of the domain file by usucapion
Ordinary Usucaption
- Possession of the property as owner, which must advertise publicly. In other words, the usucapiente must be recognized and identified as the owner by the third parties involved. It should be noted that the recognition must be carried out in a peaceful way, except in cases in which there is a claim by the owner of the property or by third parties. On the other hand, occupations and uninterrupted are also included. There must be no judicial or extrajudicial claims, or without the property being shown abandoned for a period exceeding one year.
- Presence of the good faith. In this way, the usucapiente has to receive the real estate from its owner.
- Those of fair title. In other words, those who have the capacity to transmit the good or right.
- In the case of real estate for a specified time. The period comprises three years. Also ten-year real estate cases.
Extraordinary Usucaption
In this case, no good faith or fair title is required in possession. However, the time periods will be longer: six years for personal property and thirty years for real estate.
Domain file price
The domain files made before a notary are subject to the guidelines of the notary. Therefore, they have own rates updated annually in accordance with the Consumer Price Index (CPI). It should be noted that the total price includes several things and not only the high notarial act. The cost includes the consideration of documented acts, the number of copies issued and the applicable Value Added Tax (VAT).
In addition to this, while you are managing the file you will receive other expenses, such as: Negative certification of prior registration issued by the Property Registry, notifications to those who may be affected, which are diverse. The affected people can be the neighboring farms, holders of rights or affected charges, interested parties and the City Council. You must also cancel the registration in the Official State Gazette (BOE).
On the other hand, you can also have expenses in advice from a lawyer specializing in the matter that facilitates the procedures. It should be noted that their fees have to be specified in advance. Finally, the expenses of the registration pursued in the Property Registry.
Finally, the domain file is absolutely necessary and useful for those real estate that does not have registration in the Property Registry. In the nation there are many cases of this type and the purpose is that they diminish for the own good and of the community.
