miércoles, 08 de julio de 2020
04 AFTER SIGNING THE CONTRACT
How to buy a home in Spain step by step
Guide of the College of Registrars of Spain (Part V)
From our Real Estate Agency in Teulada, Marti Projects S.L. We want to echo the transmission of this important and interesting information for the purchase of a home in Spain, we continue in this article with the Fifth Part
With the signing of the contract in public deed the acquisition of ownership of the home by the buyer occurs, but the processing does not end, the consumer must meet other subsequent requirements, such as:
4.1 Presentation in the Land Registry
The information of the purchase in the Property Registry is not mandatory, its convenience is beyond doubt due to the notable security guarantees that the inscription produces.
The presentation can be made directly or through any person in the Registry where the property is located or in any of the existing offices, sending the copy of the deed by mail or using the services of a collegiate manager.
In no case may private documents be subject to presentation, which have closed their access to the Registry.
Once the copy of the deed is presented with the corresponding note on its fiscal situation, the Registrar will proceed to its qualification and subsequent dispatch.
If the qualification is favorable, the Registrar will proceed to register the dwelling in the name of the acquirer in a short time, normally fifteen days.
Once the purchase has been registered in favor of the acquirer, the latter fully enjoys registry protection, the most important effects of which are:
4.1.1 Effective judicial protection the seats practiced are under the safeguard of the Courts.
4.1.2 No document of the same or previous date may be registered or annotated that is made or is incompatible with the registered right.
4.1.3 Titles that are not previously registered or annotated will not harm the registrant.
4.1.4 For all legal purposes, the registered rights will be presumed to exist and belong to their owner in the manner determined by the respective seat.
4.1.5 If the registry holder is disturbed in the exercise of the right registered in her favor, she may put an end to the disturbance through the procedure provided in article 41 of the Mortgage Law.
4.1.6 All enforcement procedures on a registered right will be dismissed at the time it is recorded, by certification of the Property Registrar, that said right is registered in favor of a person other than the one against whom the procedure is followed.
4.1.7 Finally, if the seat is canceled, the right to which said seat refers is presumed to be extinguished.
4.2 Presentation at the Liquidation Office
In order to be able to register in the Property Registry, the deed must have notes of having paid the corresponding tax or the operation carried out, and must accompany the payment letter.
4.3 Change of name in the Cadastre
For the record who is the new Owner.
More related articles
How to buy a home in Spain step by step, Guia del Colegio de Registradores (Part I)
Information sources, Guide to the College of Registrars of Spain (Part II)
Before signing a contract, Guide to the College of Registrars of Spain (Part III)
The signing of the contract, Guide of the College of Registrars of Spain (Part IV)
What taxes do i have to pay? Guide of the College of Registrars of Spain (Part VI)
College of Registrars of Spain, Guide to the College of Registrars of Spain (Part VII)
The information and comments contained in this article do not constitute any legal advice.
For more detailed information, contact our company.