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How to register a farm in the Land Registry?

Real Estate
How to register a farm in the Land Registry?
If you intend to transfer a property that has not been registered in the Land Registry, you may find that the buyer will not agree to pay the deposit until the seller guarantees that the procedures for immatriculating the property have been initiated (registration in the registry).

From our law firm, we advise that the first thing you will have to do is to register them in your name and this can be done by means of a notary's certificate or by initiating a domain file.
How will this be done by means of a notary deed?

The notary's acts will be authorized by a notary who is able to act in the place where the property is located. The interested party must present to the Notary a certification of the current state of the property in the Cadastre and certification of the Land Registry

Once the notary's act has been initiated, the Notary will notify, personally or by means of a writ, the persons who have some right over the property.  In addition, by means of edicts, which will be published in the "Official Gazette" of the province, in one of the newspapers with the largest circulation in the province and on the notice boards of the Town Hall to whose territory the property corresponds, the persons indicated in the previous paragraph will be notified of the initiation of the deed by name, if their address is not known, and generically to all those who may have some right over the property.

Those notified may, within 20 days of the notification, appear before the Notary, explaining and justifying their rights.

Once these steps have been taken and the evidence that the Notary considers appropriate to prove the alleged notoriety has been proposed by the applicant or not, he will terminate the record, stating whether, in his opinion, the fact is sufficiently accredited.

Is it possible to oppose the processing of the minutes?

If opposition is made to the processing of the minutes in the form and within the time limits determined by the mortgage and notary regulations, the Notary, without incorporating the file into the protocol, will refer it to the competent court, which, through the procedures established for the incidents, will resolve, at the request of the party concerned, whatever is appropriate.

Can it be processed in any other way?

It can also be processed through a domain file, which is the judicial way to adapt the legal reality of the properties with the Property Registry. This is a voluntary jurisdiction procedure, without prejudice to the fact that it can become contentious, by which the judicial authority provides the owner of a property with a supplementary title.
What is the procedure followed before the domain file?

The domain file is initiated by means of a written document before the Judge of First Instance of the party where the property is located or where its main part is located:

The description of the property or properties in question, with the expression of the rights in rem constituted on them, the summary of the title (property) or the declaration of not having it, as well as the date and cause of acquisition of the property, the determination of the person from whom the property comes and his domicile, the list of the evidence with which the acquisition can be accredited and the expression of the names, surnames and domiciles of the witnesses, if applicable; the names and domiciles of the persons in whose favour they appear in the land register; the names and domiciles of the owners of the adjoining properties, of the holders of any rights in rem constituted over the properties to be registered, of the holder of the property, and of the doorman of or, failing that, of the tenants, if it is an urban property.
What documents must be provided in the initial document of the domain file?

Certification accrediting the current state of the property in the corresponding cadastral body.
Certificate from the Land Registry that accredits: the lack of registration, when the property is to be immatriculated, the description according to the Registry.
In any case, the rights of the applicant.
Finally, the judge will determine the right to immatriculate the property in your favour or not.

Contact us and our lawyers specializing in Real Estate will study your specific case. 

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