Buying a home is possibly the most important investment people make in their lives. Therefore, when you are going to buy a property, you should find out beforehand whether or not there are any encumbrances registered on it, and the extent of these encumbrances, in order to make the right decision.
There are some encumbrances that make their acquisition inadvisable, there are others that can be cancelled without too many problems, and there are others that are not worth taking into account due to their lack of importance.
Indeed, when buying or selling a property or a plot of land on which we intend to build a building, after obtaining the relevant registry information by means of a simple note or a certificate, we may find that the property is encumbered or subject to limitations that affect the ownership or that there is a real right over it. When the interested party receives this information, they sometimes do not fully understand its scope due to the special legal and registry terminology.
The aim of this guide is to make it easier for the potential purchaser, who is a layman, to understand the meaning of the different registered charges.
It examines one by one the most frequent encumbrances that may appear in the Land Registry, determining their scope.
We aim to be useful to the citizen, explaining in simple terms the legal situations that can affect dwellings.
MOST FREQUENT CHARGES
Mortgage: Guarantee that falls directly and immediately on a real estate property, generally as a consequence of the granting of a loan or credit by the bank (creditor) to a person who is normally the owner of the property, although the latter is not an essential condition as the loan can be granted to a third party and the owner can offer the property as a guarantee. As the mortgage is the guarantee for the repayment of the loan or credit, in the event of non-payment of the loan or credit, the mortgaged property can be enforced through the procedures regulated by the Law on Civil Proceedings or the out-of-court sale procedure before a Notary Public.
The registration of the mortgage in the Land Registry is essential for its valid constitution, which is why the mortgage loan must be recorded in a public deed.
In the event that the property is mortgaged, it should be borne in mind that the purchaser of the property may subrogate in the position of the debtor with the consent of the creditor, assuming the payment of the amounts owed, and may even subrogate to another creditor entity in the mortgage loan initially granted by the original entity in order to improve the conditions of the loan. loan. In this case, the creditor must submit a binding offer accepted by the debtor, of which the prime lender is which is brought to the attention of the original lender,
The law regulates the requirements for the case where the first creditor the first creditor does not provide the necessary cooperation.
Special features
The buyer of mortgaged property should choose between one of three options:
MARGINAL NOTE OF FORECLOSURE
The commencement of the foreclosure of the mortgage is recorded by means of a marginal note in margin of the same, by virtue of an order or official notice from the Court or Notary before which the foreclosure is being processed.
By means of this note, third parties are given publicity of the foreclosure and of the body that is hearing the foreclosure.
At the time the note is issued, the Registry provides a certificate of ownership and encumbrances, notifying the holders of subsequent rights registered at the time the certificate was issued of the existence of the procedure so that they can intervene, if they are interested, in the enforcement, since their rights will be cancelled by the same. will be cancelled by it.
This marginal note does not have a fixed duration, is not subject to a limitation period and can only can only be cancelled at the request of the body that has requested its requesting its issue.
Similarly, while such a marginal note is in force the mortgage cannot be cancelled by public deed, even with the consent of the creditor, and the foreclosure note must be cancelled the foreclosure note must first be cancelled.
"In this case the buyer must demand the cancellation of the cancellation of the marginal note of execution before buying, in order to make sure that the proceedings have been the procedure has been stopped, as otherwise his registration of the sale and purchase could be be cancelled by the enforcement."
MARGINAL NOTES ON TAXATION
The assets and rights transferred are subject by law to liability for the payment of the taxes levied on such transfers, regardless of the holder, unless he is a third party protected by the public faith of the registry or the acquisition is justified by good faith or fair title.
The taxes levied on such transfers give rise to a marginal note of fiscal affectation for the concepts of onerous transfers, corporate transactions, documented legal acts, tax on the income of non-residents, inheritance, donations, as well as for captive settlements in subsidised housing. housing.
The registrar will not admit any document containing an act or contract subject to the tax for the extension of any entry in the Register, without first justifying the payment of the corresponding settlement, its exemption or non-taxation.
This assignment of the assets is recorded in the Register by means of a note in the margin of the registration of the asset or right transferred, stating that it is subject to the payment of the complementary liquidation which, if applicable, should be made.
These notes are issued ex officio and may be cancelled, with the exception of the special features of the cautionary notes, due to expiry five years after their date at the time of any operation on the affected property or the issuing of a certificate.
The cancellation of the nota due to lapse does not affect the validity of the legal affectation, which continues to produce effects unless a third party acquires for valuable consideration and registers its acquisition. onerous title and registers its acquisition.
Finally, it should be pointed out that if the Treasury wishes to enforce the legal affectation through the procedure of seizure for tax debts, it can only seize the right or the property legally assigned to the payment of the tax that gave rise to it. Such an annotation would be made by presenting the corresponding administrative seizure order at the Registry (after deriving liability from the owner of the property, as this liability is subsidiary to that of the main debtor).
These notes are usually found in most of the registered estates.
NON-RESIDENT INCOME TAX MARGINAL NOTE OF AFFECTION
In the case of transfers of immovable property located in Spanish territory by taxpayers who pay non-resident income tax of non-resident income tax, as a general rule, the acquirer is general rule, the acquirer will be obliged to withhold and pay on account and pay on account 3% of the amount of the sale, which will cause the Registrar to issue a marginal note, so that the assets marginal note, so that the assets transferred will be subject to the payment of the will be subject to the payment of the resulting amount, unless proof of payment is provided by means of a letter of payment that, prior to the entry in the Register, payment has been made prior to entry in the Register, the corresponding deposit on account. payment on account has been made prior to entry in the Register.
MARGINAL NOTE ON CLAIMS FOR THE REPAYMENT OF SUBSIDIES
Assignment provided for in the General Law on Subsidies 38/2003, of 17 November to guarantee, where applicable, the return of the subsidy granted by the public administration in the event that the purpose of the subsidy is not fulfilled or the obligation to use the subsidy for the acquisition, construction, refurbishment or improvement of inventoriable goods. According to the law, the non-fulfilment of the obligation of use occurs, in any case, with the disposal or encumbrance of the asset. Therefore, in the case of assets that can be entered in the Register, the asset is subject to the payment of the refund, regardless of its holder, unless it is a third party protected by the public faith of the Register, and the period of use and the amount of the subsidy must be stated in the deed, circumstances that must be reflected in the Register, the most convenient way being that of the marginal note.
"The buyer must ensure in these cases that the amount of the subsidy has been returned, and request with the administrative document document in which this is stated, to cancel the transfer. "
MARGINAL NOTE OF INITIATION OR SUBJECTION OF THE PROPERTY TO A REPARCELLING PROJECT.
This provides urban planning publicity about the initiation of the appropriate reparcelling file and the involvement of the property or part of the property in the urban development process. The registrar issues the marginal note when issuing the marginal note when issuing the certificate of ownership and encumbrances requested by the party acting on the property, once the the proceedings have been initiated. The marginal note expires after after three years and may be extended for a further three years at the request of the Administration or the collaborating urban development collaborating urban development entity.
"In this case, the purchaser acquires a property that is to be replaced by another, and will have to pay the resulting development costs, in the manner described in the previous section. He or she must apply to the body acting in order to be taken into account in the file, otherwise your registration will be cancelled when the reparcelling is registered, and you will have to re-register your purchase on the land. re-register your purchase of the new property, by virtue of a title deed containing the new description of the property. description of the new property."
MARGINAL NOTE ON URBAN DEVELOPMENT AFFECTION TO THE PAYMENT OF URBANISATION COSTS
We can define urban reparcelling as those procedures by which the owners of land affected by the execution of urban planning (PGOU), contribute their original plots of land in order to receive other plots of land as a result or their economic compensation or equivalent, thus achieving the reorganisation of the land affected by the execution unit, in the form of or their economic compensation or equivalent, thereby achieving the reorganisation of the land affected by the execution unit, so that the resulting properties are acquired with all the obligations and rights implicit in the urban transformation.
The land resulting from the approval of a reparcelling project is subject to the fulfilment of the obligation to develop and other obligations arising from the project.
By law, this condition extends to all of the holders of the ownership and other rights in rem over the resulting properties, including, in general, to those whose rights were registered in the Register prior to the project.
This obligation is recorded either by marginal note or in the actual entry in the Register by making the property subject to the balance resulting from the definitive settlement of the project, reflecting the amount corresponding to it in the balance of the provisional account of the reparcelling and the share to be assigned to it in the payment of the definitive settlement for the urbanisation and other costs of the project, without prejudice to any compensation that may be due, for any compensation that may arise. may arise.
These balances reflect the amounts that the cost of urbanisation until final completion. final completion.
Said registration assignment is subject to a seven-year period of seven years, and it cannot be extended. However, if during the term of the assignment it is justified that the provisional settlement account has become definitive and two years have elapsed from the date on which the definitive balance is recorded in the Register, the assignment may lapse after these two years have elapsed.
Notwithstanding the foregoing, the assignment may be cancelled prior to its expiry date, at the request of the interested party upon compliance with the requirements established by law.
In the event of non-compliance with the obligation to pay, the Public Administration may opt for collection by means of the administrative procedure of administrative enforcement procedure, ordering, where appropriate, the practice of the corresponding corresponding preventive annotation.
"The buyer, if this condition is recorded and the expiry date has not expired, should find out from the Administration about the status of the debt and whether the amount to be paid for the property has already been fixed, since once the property has been acquired, the buyer will have to take over the outstanding payments, and the property itself will be responsible for them."
MARGINAL NOTE CERTIFYING THE INITIATION OF THE EXPROPRIATION PROCEEDINGS, RIGHT OF REVERSION
Compulsory expropriation proceedings result in the owners of the affected properties being deprived of their property by the Administration, which may be the beneficiary of the expropriation or a third party. The expropriation is for reasons of public utility or in the general interest, and the affected owners are entitled to compensation, subject to a prior determination of its value.
According to the mortgage legislation, the registrars will state in a marginal note that a certificate of ownership and encumbrances has been issued certifying that a compulsory expropriation procedure has been initiated. expropriation procedure has been initiated for the property in question, indicating its date and procedure. This note has an expiry period of three years, with the possibility of extension, and serves to publicise the existence of the expropriation proceedings.
The rights of the expropriated titleholders are safeguarded in the event that the purpose of the expropriation is not fulfilled, through the recording in the Register of the so-called right of reversion, which consists of the fact that in the event of such non-fulfilment, the expropriated titleholders can recover the expropriated property.
expropriated owners can recover the rights of which they have been deprived, so that future acquirers of rights over the properties are not unaware of the possible reversion of the expropriated right to its former owner.
"The buyer should be aware that one of the effects of the that the registration of the title of expropriation produces is the cancellation of the ownership and, if applicable, of any charges and rights any charges and rights registered after the issuance of the certificate, which is reflected in the margin note, even if the owners do not the issuance of the certificate, even if their owners have not intervened in the have not intervened in the proceedings."
OTHER MARGINAL NOTES THAT MAY APPEAR ON THE PROPERTY
The registration status of the property may result not only from the content of the entries themselves, but also from the information but also from data reflected by a note in the margin of the entry.
Among these notes we can find those that provide information about the urban situation of the property situation of the property:
MARGINAL NOTE OF CONDITIONS IMPOSED ON CERTAIN PROPERTIES
At the time of granting a licence provided for in urban planning legislation or an administrative resolution authorising certain land uses or imposing urban planning obligations, it is possible that these may impose a series of conditions that must be fulfilled on the property they affect.
These conditions can be recorded in the Register by means of a marginal note at the request of the owner of the property, accompanied by the administrative agreement, so that the following is made known to anyone who consults the contents of the Register whoever consults the contents of the Land Register is informed of the urban situation of the property. of the Land Registry of the urban situation of the property.
MARGINAL NOTE OF THE INDIVISIBILITY OF THE LAND AND BY WHICH LINKING THE WHOLE OF THE LAND TO THE EXISTAENCE OF A CERTAIN BUILDING.
It makes it known that the property itself will not be susceptible to subsequent divisions or segregations, unless the relevant administrative licences are obtained.
MARGINAL NOTE OF DECLARATION OF ILLEGALITY OF THE BUILDING PERMIT.
This note is issued by the registrar by virtue of certification of a final administrative decision or judgement declaring the illegality of the building licence granted and by which the relevant work is carried out.
This is a measure for the protection of urban planning legality which does not prevent preventive annotation of the initiation of proceedings for the review or annulment of the licence, within the scope of the proceedings for the restoration of urban planning legality, from having been subject to preventive annotation. within the scope of the procedures for the restoration of urban planning legality.
MARGINAL NOTE ACCREDITING THE GRANTING OF LICENCES FOR PROVISIONAL WORKS AND USES AND OUT-OF-PLAN BUILDINGS.
Land on rural land must be used in accordance with its nature and must be used for agriculture, livestock, forestry, etc., or any other use linked to the rational use of natural resources. However, where such land is included within the scope of a development project, it must be used for agricultural, livestock, forestry, etc. purposes. the scope of a development project, by way of exception and subject to the exceptionally and under the conditions laid down in land and town planning legislation, specific acts and uses authorisation may be granted for specific acts and uses that are in the public or social interest because of their contribution to rural planning and development.
This note is issued at the request of the owner of the land register or at the request of the Administration with a hearing of the owner of the land register, accompanied by the administrative document granting the licence, which states in the Register the duty of the owners to cease such use or to demolish the buildings that are carried out when the Administration so decides, without the right to compensation.
MARGINAL NOTE ON WATE AND CONTAMINATED LAND.
The owners of properties on which any of the potentially polluting activities established by the law of 28 July 2011 on waste and contaminated soils on waste and contaminated soils, are obliged to declare this fact in the to declare this fact in the public deeds that they grant for the deeds granted on the occasion of the transfer of rights over them.
This declaration shall be recorded in the Register by means of a marginal note and, at the request of the the Autonomous Community, the registrar will issue a certificate of ownership and encumbrances of the property within within which the land to be declared as contaminated is located. contaminated, in which case the registrar shall record this issue the issuing of such a certificate by a note in the margin of the last the last registration of ownership, stating the initiation of the procedure.
This note has an expiry period of five years.
The administrative decision declaring that a soil is contaminated is also recorded by means of a note in the margin of the last shall also be recorded by means of a note on the margin of the last registration of ownership.
MARGINAL NOTE DERIVED FROM HAVING COMMUNICATED THE DECLARATION OF OLD BUILDING WORK TO THE TOWN COUNCIL.
When a building declared as old is entered in the Register, the antiquity, the Registrar has the obligation to communicate it to the Town Hall so that, if applicable, and as stipulated in the Land Law, the latter in turn certifies whether the building is out of order or not, as well as the of the building, as well as the urban planning regulations to which it is subject.
The reply issued by the Town Hall will give rise to the following the practice of a note in the margin of the inscription of the of the work, which simply provides information on the the urban planning situation of the work.
However, it should be clarified that the "situation of out of development" implies a peculiar regime subject to restrictions, as it is forbidden to carry out works of reform, extension or consolidation of what has been illegally built, although its conservation is permitted.
MARGINAL NOTE ACCREDITING THE COMMUNICATION TO THE COMPETENT REGIONAL MISNITRY OF THE REGISTRATION OF ACTS OF SUBDIVISION, BUILDING AND OTHER ACTS OF URBAN DEVELOPMENT.
The new State Land Law State, imposes on the registrars the obligation to inform the competent Regional Ministry of the registration of acts with urban development significance, such as declarations of buildings, constitutions of buildings under the Horizontal Property Regime and real estate complexes, with the aim of improve control over these acts.
"In all these cases it is advisable for the buyer to go to the Land Registry or to the competent administrative body that requested the record of the limitation and that appears in the margin note, in order to find out how it may affect him, depending on the destination of the property. how it may affect him, depending on the destination the purpose for which he wishes to use the property he is acquiring."
A PREVENTIVE ATTACHMENT ORDER
In order to ensure the collection of sums owed, the creditor can obtain a series of guarantees from the judicial or administrative bodies in order to obtain payment, such as the case of the annotation of attachment. The preventive annotation of attachment is a registry guarantee whereby the assets on which it is made are subject to the enforcement procedure initiated by the creditor in order to obtain, where appropriate, with the forced realisation of such assets, the amount of the debt guaranteed by the same annotation.
It has an expiry period of four years and may be subject to successive extensions for a further four years, although if it had been extended before 8 January 2001, it would be considered to have been extended indefinitely. In the latter case it can only be cancelled by judicial order of the Court that decreed it. In other cases, they will be cancelled ex officio by the registrar, once the expiry period has elapsed.
Although, as the Civil Procedure Act states, the seizure exists from the moment it is decreed by resolution of the competent body or from the moment the description or declaration of the assets is stated in the record of the seizure proceeding, it is necessary to record it in order for it to have full effect against third parties, since if the seizure has not had access to the Register, the results of the judgment could not affect those who may have acquired the property or any right in rem over the property, who would be considered as third parties protected by mortgage law, so that the seizure, which has not had access to the Register, could prove to be fruitless.
The practice of this preventive annotation allows priority to be obtained in the Register with respect to subsequent holders of encumbrances, with all its effects in accordance with the terms established by law.
"In such cases the buyer should:
- Require the seller to cancel it before buying.
buy.
- Go to court to find out how to obtain the cancellation, if necessary by taking over the debt and deducting it from the sale price.
It is very important to solve it before buying, as the continuation of the proceedings could lead to the cancellation of your registration of the sale and purchase."
PREVENTIVE SEIZURE NOTATION
This is a special annotation that provides publicity of the existence of a judicial administration over the assets to which it applies and which cannot be disposed of without judicial authorisation.
Its purpose is to prevent the loss of value of the property subject to administration as a result of mismanagement by its owner, or even to prevent it from falling into the hands of a third party.
Some examples of this type of annotation are those that are made, for example, to record the administration of the assets that make up an inheritance in cases in which the corresponding legal proceedings on the division of the inherited assets are brought, or those that have their origin in criminal proceedings, or those that have the purpose of originating in a criminal proceeding, or those whose purpose is the defence of the the defence of the assets of incapacitated persons.
"In these cases, the purchaser should inform himself of the status of the procedure in question and not buy without being sure of its resolution and without clarification of the registration situation".
PREVENTIVE ANNOTATION OF PROHIBITION OF TO DISPOSE
One of the ways of recording in the Register that an asset is subject to a prohibition of disposal is by means of a preventive annotation.
The preventive annotation of prohibition of disposal is a precautionary measure adopted in the corresponding judicial or administrative proceedings which prevents any act of disposal relating to the assets it affects from having access to the Register after the annotation has been made, whether the date is before or after the annotation itself, and is therefore clearly different from annotations of seizure or demand which do not have the effect of closing the Register to the registration of acts of disposal once the annotation has been made.
However, an exception to this general rule of closure of the Register is allowed, since preventive annotations of prohibition of disposal are not an obstacle for subsequent registrations or annotations based on existing entries and prior to the ownership or right in rem that are the object of the annotation, for example, entries that must be made as a consequence of mortgage, judicial or administrative executions derived from previous entries.
Finally, it should be noted that the fact of preventing access to the register of dispositive acts does not necessarily affect the validity of earlier disposals.
"The purchaser should only acquire the property when the cancellation of the prohibition of disposal has been accredited, or when he has the corresponding judicial authorisation, as the case may be."
They can be:
VOLUNTARY PROHIBITIONS ON DISPOSAL.
As a general rule, the owner of the assets has the free disposal of them, which means that as owner he can sell them, encumber them, mortgage them, donate them, etc. However, at the time of acquisition, the owner may be deprived of his freedom of disposal,
by the will of the person who transfers the property or right to him.
This situation is only admissible in our law when the transferor does so free of charge.
This prohibition of disposition prevents the performance of dispositive acts in relation to the property on which it is based. It may arise from inter vivos or mortis causa acts. As the law indicates, it can be imposed by the testator or donor in acts or dispositions of last will and testament (will), marriage contracts, donations and other acts carried out free of charge.
Notwithstanding the above, these prohibitions can never imply a perpetual prohibition of alienation and, even if they are temporary, the limits set by law must be respected.
Due to their transcendence and importance, they can be entered in the Register and have the effect of closing the Register. effect of closing the register.
"Prior to purchase, such a prohibition must be lifted, or consent to the sale must be obtained from the person or persons who established the prohibition."
PROHIBITIONS ON ADMINISTRATIVE DISPOSALS
The purchase of a home involves a significant financial outlay. For this reason, various administrative provisions provide for the possibility of obtaining a series of public subsidies. In order to be eligible, both the property and the purchasers must meet a series of conditions, generally established in advance in the various "state housing and rehabilitation plans" approved by the Ministry of Housing and Rehabilitation.
Among the requirements for dwellings are the obligation to use them as a habitual and permanent residence, with the possibility of having attached garages and/or storage rooms. Such aid depends on a series of circumstances, such as the regime under which the dwellings are classified, whether they are new subsidised or second-hand dwellings, and so on.
In addition, users must meet family income levels that do not exceed certain ceilings, with maximum limits that vary depending on the type of housing.
One of the most common forms of subsidy that is recorded in the Register is that which is obtained through a subsidised loan. The subsidised loan means that the person who has obtained the aid only pays part of the loan or instalments, as the other part is discounted in advance by the credit institution as it is taken over by the public body granting the aid.
As a consequence of the subsidised loan, an administrative prohibition of disposal is entered in the register, which has its origin in the fact that the loan is subsidised. This prohibition prevents the sale of the affected property for the duration of the loan, unless express authorisation is obtained or, where appropriate, the loan is cancelled and the financial aid received is repaid, plus legal interest. Despite the above, there are a series of exceptions, as certain dispositive acts are admissible, without the need to comply with these requirements, such as the liquidation of community property or the extinction of the condominium.
These prohibitions are recorded in the Register by means of a marginal note. by means of a marginal note.
"The purchase should only be made when the relevant authorisations have been obtained, if the purchase is made during the established period (normally five or ten years). In all other cases of purchase of dwellings subject to some type of protection, information on prices should be requested from the competent administration, since dwellings cannot be sold for higher prices than those established."
OTHER ADMINISTRAVIE RESTICTIONS: PRELIMINARY CLAIMS AND CLAIMS FOR THE BENEFIT OF PUBLIC AUTHIRITIES
The Register may recognise rights of first refusal in favour of the Administration in the case of the transfer of newly built subsidised housing that meets certain requirements, which means that if the owner of the property wishes to sell it, he/she would be obliged to inform the public body that holds the right of first refusal of the transfer so that it can exercise the right of first refusal.
The right of first refusal is given when the Public Administration expresses its will to acquire at a time prior to the disposal, since in the event that it expresses it at a later time, we will find ourselves with the right of first refusal. later, we will find ourselves with the right of right of withdrawal.
"Do not buy until the administration communicates that it is not going to exercise pre-emptive acquisition rights."
RESOLUTORY CONDITION
When a property is purchased, it can be agreed that the entire price will be paid at that moment, or that part of the price will be paid and the payment of the rest will be postponed to a later time. In the latter case, the seller could demand a guarantee for the unpaid part of the price, one of the possible guarantees being the resolutory condition.
With the registration of the resolutory condition in the Register, publicity is provided about the possible termination of a legal transaction, both in the case of a deferred price and in other cases provided for by law.
The resolutory condition makes it possible to re-register ownership in favour of the seller, subject to compliance with a series of requirements established by law, and always with the safeguarding of the rights of the buyer and of the holders of subsequent entries. the rights of the buyer and of the holders of subsequent entries.
"The purchaser should be aware that failure to cancel this charge could render his purchase null and void and his registration cancelled, if the right of the person who transferred him is finally terminated. transferred to him."
RETENTION OF TITTLE PACT
It is possible that in a contract of sale it has been agreed that part of the price will be paid some time after the signing of the contract, in which case the seller can demand that the payment of the price be guaranteed within the agreed period by establishing a reservation of title agreement that is recorded in the Register.
It is considered as a condition of the sale that affects the acquisition of the property by the buyer. This condition means that despite the delivery of the property through the execution of the public deed, the full transfer of ownership in favour of the buyer is subject to the effective payment of the deferred price, since otherwise the ownership of the buyer is extinguished, and the seller recovers the ownership. otherwise the buyer's title is extinguished and the seller regains ownership.
"The interested party should not buy until the reservation of title is extinguished, as the ownership of the property is not completely determined. not fully determined."
EASEMENTS
An easement is an encumbrance imposed on a property (servient estate) for the benefit of another property belonging to a different owner (dominant estate). However, they can also be established in favour of a natural or legal person.
The easement grants the holder the right to benefit from its content under the terms strictly agreed at the time of its constitution, obliging the owner of the property to respect its exercise.
Easements may be imposed by law or by the will of the parties.
Legal easements do not require registration in the Register, given the publicity provided by law. Among them are those deriving from town planning legislation, the law on horizontal property, the law on coasts, railways, roads, etc.
With regard to the voluntary ones, it is advisable to register them in the Register, as otherwise they would not affect third parties or purchasers in good faith.
The most frequent in the field of property are those imposed by neighbourly relations.
Some of the most common are those of party walls, light and views, building drainage, access for electricity installations, access to sports facilities and parking spaces, placement of posters and signs on the façades of buildings, aerials, etc.
Finally, every owner of a property under the horizontal property regime must allow access to the property for any repairs to the property in which it is located.
"The buyer must inform himself of the scope and extent and extent of the easements encumbering the property before property, before acquiring it."
STATUTORY RULES OF HORIZONTAL PROPERTY AND SPECIAL AGREEMENTS
Horizontal property is a special form of co-ownership constituted between the members of the communities of owners, which implies the existence of private elements, i.e. flats, premises, garages, storerooms, single-family properties, etc., together with other elements or spaces common to all of them.
In order to regulate the exercise of the rights and obligations of the members of the owners' associations, bylaws are usually agreed, which may have access to the Register, in which case they are known to all, binding the current and future owners.
The bylaws can be agreed at the time of incorporation of the condominium or at a later date. In the articles of association we can find a series of covenants that in one way or another affect ownership. Some of them involve the attribution or reservation of special powers that allow their exercise by the owner without the need for the consent of the other members of the community of owners.
One of the most frequent cases is the reservation of certain easements which may affect the different elements of the condominium and which, for example, authorise the passage through certain areas, the installation of aerials, the location of electrical transformers, sports areas, etc. The registered articles of association oblige the owners to grant these easements.
The registered bylaws are binding on all purchasers of flats or premises in a flat or building under horizontal property regime, or of the different elements in the case of urban complexes. in the case of urban complexes.
"You should not buy without asking for the registry information information, in order to avoid not knowing the easements and other easements and other limitations that may have been have been established. In case of doubt about their meaning and scope, you should go to the Land Registry, and consult the Registrar. Land Registry, and consult the Registrar."
OPTION TO BUY
This is a contract by which the owner of the property and the person interested in acquiring it, agree on its future and possible purchase once the agreed time has elapsed and the price has been paid in the stipulated manner.
A contract that can access the Register and has the consequence of warning possible purchasers of subsequent rights, of the existence of this purchase option agreement, and therefore, of its possible exercise by its holder. its possible exercise by its holder.
"In this situation, the person interested in the purchase of the property must obtain the cancellation of the registered option, even if the period of duration recorded in the Register has already elapsed, as it could have been exercised extra-registrally."
INSOLVENCY PROCEEDINGS
When a natural or legal person finds itself in a situation of insolvency that prevents it from paying its debts, it can be judicially declared bankrupt.
As a general rule, if this declaration is made at the request of a party, it is called voluntary insolvency proceedings, while if it is at the request of creditors, it is called necessary insolvency proceedings.
The insolvency situation is publicised through the Commercial and Property Register.
The bankruptcy of creditors is recorded in the Land Registry by means of the corresponding registration or annotation entry, by virtue of a court order that orders its extension to the properties owned by the bankrupt party.
Likewise, as the insolvency situation affects the insolvent party's dispositive capacity, this is reflected in the Land Registry's Book of Incapacitated Persons.
With the annotation/registration of the insolvency proceedings, the insolvent party's capacity for administration and disposal is limited and a series of effects and consequences are produced, which depend on the phase of the insolvency proceedings the stage of the insolvency proceedings.
"Bearing in mind that there are innumerable legal situations in which the insolvent party may find himself, it is advisable to go to the Registry to obtain the necessary information, and to consult the registrar on how to proceed, depending on the legal transaction to be carried out, as on many occasions the intervention of the insolvency judge is required. "
