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LAW 13/2015 COMES INTO FORCE 1.11.2015 AND REFORMS THE MORTGAGE LAW AND THE CADASTRE TO COORDINATE BOTH INSTITUTIONS.

There will be a regular exchange of information between both institutions to coordinate the details of the property to improve legal security in purchase or other Real Estate transactions.

One of the main changes is that when you register a property the first time (New Building) , or there is a segregation , division , grouping together , expropriation, establishment of boundaries a graphic georeferenced representation of the property with coordinates is required which will be registered in the Land Registry in the same sheet of the property. This document has to be prepared by a technician.
In other cases it is optional to include this. However, if registered the surface on same will prevail as the correct one irrelevant of the previous information in the Land Registry.

Each property will have an individual code in the Land Registr and this information will pass to the Cadastre, thus any change or alteration is updated in both bodies simultaneously.

Also files to establish ownership (expediente de dominio) can be carried out through the Notary and do not have to be processed through a court, the same applies to the first registration of a property which were never registered (inmatriculación de propiedades).

In principle this law will serve to make these procedures quicker and easier and will try to gradually make coincide in the future the information in the Land Registry and Cadastre for the benefit of the persons taking part in the transaction.

Rafael Berdaguer
Lawyer within the firm
Rafael Berdaguer Abogados based in Marbella, Spain.
www.berdaguerabogados.com
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