The land register is a register in which plots of land, rights, ownership structures and encumbrances are recorded. Every Plot is listed here. The land register can be found at the relevant land registry office. As in Germany, the land register in Spain plays an important role in the purchase and sale of real estate. Nevertheless, there are some differences between the land register in Spain and the land register extract in Mallorca, which we at Neptunus International Real Estate would like to explain to you below.
What is the land register in Mallorca?
In Mallorca, too, the land register, called Registro de la Propiedad in Spanish, is a register in which all property real estate including all rights and encumbrances are entered and disclosed. The land register in Spain, as in other countries, is inviolable. The purpose of the land register in Mallorca is as clear as in Germany. Here the property rights and other things that have the right to an immovable thing are registered and managed. The information is recorded on a land register sheet. Especially when it comes to the sale or purchase of a property in Mallorca, an extract from the land register should be requested in advance. This provides clarity about mortgages or other encumbrances and ensures security as far as the owner is concerned.
Who has access to the land register in Spain?
In contrast to the German land register, anyone with a legitimate interest in viewing the contents of the land register in Spain can do so. This is therefore fulfilled with the purchase of a property. In Germany, only limited notaries, courts and authorities and owners have access. In order to obtain a land register extract in Mallorca, Spanish as nota simple, you need, among other things, the first and last name of the current owner and the land register designation, which is composed of property number, land register number, volume and page of the land register. This land register designation should be included in every notarized purchase agreement.
The collection can be done in two ways:
- In writing by applying in person at the relevant land registry office for a fee of €3.01 plus VAT per property.
- Online via the Registradores site for a fee of EUR 9.02 plus VAT per property.
What is in the land register in Spain?
Among other things, the land register in Spain can be used to register ownership, usage and residential rights, usufruct, mortgages, heritable building rights and repurchase rights. Furthermore, declarations of division, rental and subletting agreements or transfers can also be found here, as well as court decisions. The German land register is kept together with master files. This is where the detailed information can be found, which is only kept briefly in the land register. In the land register in Spain, all entries are kept directly in the land register, which also makes the land register pages extensive.
An entry in the land register in Spain is only possible with a publicly certified document. The procedure must also be applied for. As soon as the registrar decides to register the deed, you will receive it back, together with a processing note signed by the registrar.
Important to know: Should a conflict arise with a property or a Plot , the legal relationships entered in the land register in Spain are deemed to be correct.
The structure of the land register in Mallorca and the cadastre
While the land register in Germany is divided into three clear sections, all entries in the land register in Spain are kept consecutively. The official land register (cadastre) in Spain is also different to that in Germany. Whereas in Germany every property is incorporated into an exact survey map, which can therefore serve as the basis for the transfer of property because plots are clearly defined in terms of planning, in Spain these are not reliable plans. Often, the cadastre and the sizes indicated in the land register in Spain do not match, which is essential when it comes to determining taxes. It is therefore important to know that the land register is legally decisive in Spain.
Where do I have to go for a land registry entry in Mallorca?
In Mallorca there are so-called land registry districts (Distritos Hipotecarios). The point of contact is therefore the land registry office located in the land registry district. Anyone interested in buying a property should always consult the land register in Spain before signing a purchase contract. To date, however, not all property owners are registered, as it is also possible to transfer purely private property without registration. This in turn is very risky, as it would be legally possible for the previous owner to resell the property, for example.
We support you with the inspection of the land register extract in Mallorca
The nota simple, i.e. the simple land register extract in Mallorca, is usually sufficient, while the certificación, a qualified land register extract, is used in the event of disputes. If you would like to buy or sell a property in Mallorca, we will help you with the application, which can take some time. With us, you will have all the necessary documents at the right time. For competent support, extensive advice and all questions relating to the land register in Spain, please contact us at any time. For further insights into life in Mallorca, discover our Mallorca News!
