Precautions when opening a new land registry file
1. Are there any special precautions at the land registry services in order to avoid errors when opening a new file?
We have various checks and balances both at the Receiving Office and at subsequent levels so that errors are easily avoided by checking that the opened file has the necessary and correct documentation and plans.
2. If an error occurs and a land registry file describes the same immovable for a second time, what is legally determined to do?
If it is a double registration, the second registration, in chronological order, will be deemed to be of no effect.
Is there a different procedure depending on whether the new file repeats totally a previous file or only a part of a previous file?
The procedure is different in the sense that if a file repeats only a part of the previous file, then it has to be analysed if the part which is not repeated can be registered in the name of a different person
3. Once the error is identified what happens to the rights and the charges registered in both files? And what about subsequent entries?
Obviously only the rights and charges which have a legal basis will be accepted. Any wrong registration and subsequent entries will be of no effect.
4. Is there any internal (intra-system) land registry procedure to solve this sort of problem or does it require judicial intervention?
The procedure is purely internal, but if there is an issue between two parties then there are other options such as opening a court case.