Process of Registration
1. How many stages are there in the conveyancing process?
- Informal agreement
- Land Registry information required by the Notary who authorises the deed
- Payment of taxes for conveyancing and, since recently, added value for urban land
- Registration
2. How many other agencies/departments/registers etc. must be dealt with or checked prior to signing a legal transfer or mortgage?
Before authorising the deed, the Notary might check the possible debts of the owner, but mainly the information is provided by the Land Registry. If any specific documentation is required, the seller should provide it.
3. Who is responsible for dealing with other departments/agencies?
The Notary -if that is the case-.
4. At what stage of the overall conveyancing process is your organisation involved
Final stage, registration.
5. Is any or all of the conveyancing process dealt with electronically?
Deeds can be presented electronically and a very recent Act has been passed that imposes telectronic registration in the very near future.
6. Is any or all of the registration process dealt with electronically?
It could all be done electronically but printed in the end with the registrar’s electronic signature.
7. When a deed/document or land registration form is lodged for registration, what is the general procedure involved in registering the effect of the deed?
The registrar checks the deed in order to know if it meets all the legal requirements and the transferor is the owner or right holder according to the Registry, if so, proceed to register by taking the necessary data from the deed. Such deed will be returned to the presenter with a note including the basic registration data if in paper, and if electronic, that note included at the end of the deed crediting registration, will be send to the Notary.
8. How many stages are there in the registration of title process?
Once the deeds have been presented in the Diary that rules priority, they will be checked by the registrar respecting said priority, and registered afterwards, there are no significant differences between a mortgage, a right of way or a transfer of property.
9. What kind of entries are in your system?
All deeds must make an entry in chronological order of reception, either electronically, physically or by fax, but in the former, they must be presented physically in the next ten days or they will lose the priority previously gained. The Diary is open from 9 to 17 hours from Monday to Friday. Those entries contain the main details of the deed, -that is transfer of property, mortgage, etc-, the parties and the estate involved.
10. What is the average time taken to register a (1) transfer of all property (2) transfer part property (3) mortgage/charge?
The maximum time for registration is fifteen working days once the taxes have been paid, and if there are no obstacles for registration, but the average is less than that.
11. At what level in the organisation is the final decision to register a title made?
It is the registrar’s responsibility exclusively.
12. To what extent are registration decisions in your country taken by a person with a professional qualification? What is that professional qualification?
As mentioned above, all registrars have a law degree and have passed an Estate exam, that is the only way to obtain such professional qualification.
13. If registration decisions are not taken by a person with a professional qualification, how are they taken?
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14. Is the decision to register a legal, judicial or administrative function (or mixed)?
The registration procedure has a dual nature, not entirely administrative. The registrar’s rule can be contested before the General Direction for Registries and Notaries, and a Court as well.
