Basic Guide Land Registry in Moraira
Land registry in Spain: complete guide for property buyers
What is the Spanish land registry?
The purpose of the Land Registry is to record or annotate acts and contracts relating to ownership and other real rights over immovable property.
These entries or annotations shall be made in the Registry in whose territorial jurisdiction the immovable property is located.
The Land Registries of Spain are under the authority of the Ministry of Justice. All matters relating to them are entrusted to the Directorate General for Legal Security and Public Trust.
The entire territory of Spain is divided into districts, known as mortgage districts. Each mortgage district has a Land Registry, which is managed by a land registrar.
All registrars in Spain are members of the Association of Property, Commercial and Movable Property Registrars of Spain.
How does the property registry Spain system work?
The principles governing the operation of the Land Registry are:
Voluntary nature: access to the Land Registry for registrable events is voluntary, except in the case of mortgages, which must be registered in all cases as they do not exist without registration.
Principle of application: anyone wishing to register a title must apply to the relevant Registry.
Priority: this means that if two incompatible rights are to be registered, the one that arrives first at the Registry will be registered, and if there are two rights registered on the same property, the oldest will take priority. For example, a person goes to the Land Registry to register the contract by which they have acquired a property from another person, and then another person goes to the Registry to request the registration of the contract by which they have acquired the same property from the same person as the first person who went to the Registry. In this case, the Registrar will register the acquisition of the first person who went to the Registry. Another example could be that in the case of foreclosure on a mortgage or a previous seizure, this may involve the cancellation of all subsequent rights.
Legality: Registrars shall assess, under their own responsibility, the legality of the extrinsic forms of all types of documents on the basis of which registration is requested, as well as the capacity of the grantors and the validity of the dispositive acts contained in the public deeds, as evidenced by them and by the entries in the Registry.
Speciality: in order for titles to be entered in the Register, they must meet the requirements of form and content in accordance with the terms established by law.
Successive tract: in order to register or annotate titles, the right of the person granting them must be previously registered or annotated. If that right is registered in favour of a person other than the one granting the transfer or encumbrance, the Registrars shall refuse the requested registration.
If that right is registered in favour of a person other than the one granting the transfer or encumbrance, the Registrars shall refuse the requested registration.
If the immovable property to which the title whose registration or annotation is sought refers is not registered in favour of any person, the property must be registered for the first time, through the mechanisms provided for in the laws.
If the chain of title has been interrupted (i.e. the chain of persons who previously granted rights in respect of that property has been broken in the Register because they did not register their titles), it must be resumed by means of one of the following procedures:
Affidavit: this is a procedure carried out by a notary, at the request of the interested party, whereby the notary certifies the notoriety of a fact (that a person is the owner of a property) by virtue of witness statements and other evidence.
Ownership proceedings: this is a procedure carried out by the Judge of First Instance of the place where the property is located, at the request of the interested party, in which the applicant will present the documents proving their right, if they have them, and in which the Judge will summon and hear those who may have any rights over the property, finally deciding on the applicant's right.
How to get a land registry extract in Spain?
There are several ways to obtain information from the Land Registry:
Online request through Registro de la Propiedad
Online (Recommended):
Go to the official website of the Association of Registrars: registradores.org.
Look for the ‘Nota Simple’ section within the ‘Property Registry’.
Fill in the form with the property details (address, cadastral reference, owner details if you have them).
Select the type of note (ownership and encumbrances is the most common).
Pay the corresponding fee (the cost is official and lower than on unauthorised websites).
You will receive the document in your email in PDF format with a digital signature, often within a couple of hours.
In-person request at the property register Spain offices
Go to the Land Registry office that corresponds to the property.
Take your ID card and any information you have about the property.
This option is usually cheaper, but it requires travel and time.
Through your lawyer or gestoria
Your agent or solicitor can also carry out the procedure for you or contact us today.
Key documents from the Spanish land registry
Below we explain some of the most frequently requested documents at the Land Registry:
Nota simple (simple note)
The simple note is a legal document that provides general information on basic legal and tax matters of interest related to land and property.
Certificación registral (registry certificate)
The registry certificate, also known as a full registry note or literal certificate, is a public document issued by the Land Registry that certifies the complete content of the information relating to a property or real estate. This document is fully legally valid and provides a complete description of the legal status of the property.
What information does the property register Spain contain?
The registry certification includes a wide variety of relevant information about the property, including the current ownership with the full name of the current owner or owners of the property; the physical description such as location, surface area, boundaries, construction characteristics, etc.
It also includes encumbrances and liens such as mortgages, seizures, leases, easements, etc., or previous titles with a history of property owners. Finally, this public document reveals the legal status of the property through relevant information about its legal situation.
Who can request information from the Land Registry in Moraira?
The Land Registry is a public body, which means that anyone can request information.
Land registry vs Cadastre: understanding the difference
The Land Registry is a voluntary registry that records the owner and encumbrances of a property, while the Cadastre is a mandatory registry that geographically locates properties for tax purposes.
The main difference between the two entities is that registration of a property in the Land Registry is voluntary (although recommended) and depends on the Ministry of Justice, while registration in the Cadastre is mandatory and depends on the Ministry of Finance and Public Service.
In short, the Land Registry is where we can find out who owns a property, or any mortgages or debts that a property may have. It can be consulted through a simple note and is very useful for finding out the status of a property before purchasing it.
On the other hand, the Land Registry is the register where we can geolocate any property on the map and access public cadastral data such as address, cadastral reference and surface area; or private data such as the cadastral value if we are the owners of the property. It can be consulted through the Land Registry's Electronic Headquarters.
Why property registration matters for foreign buyers?
Registering your property in the Land Registry is crucial for foreign buyers, when buying villas for sale on the Costa Blanca, as it provides:
Legal certainty
Proof of ownership
A requirement for financing
Transparency
Protection against fraud
In addition to facilitating other procedures.
How can Brassa Homes help you with the registration of a property in Spain?
At Brassa Homes® - Estate agents in Moraira since 1979, specialising in villas for sale in Moraira, we assist our clients with matters relating to the Land Registry.