Registre de la propietat

registrars brazil

The purpose of the Land Registry is the registration or annotation of acts, contracts and judicial or administrative decisions affecting ownership and other rights over real estate, as well as certain judicial decisions affecting the capacity of persons.

In the event that the real estate to which the title whose registration or annotation is sought is not registered in favor of any person, the real estate must be immatriculated for the first time, through the mechanisms provided by law.

In the event that the successive tract has been interrupted (i.e. the chain of persons who have previously granted rights in respect of that property has been broken in the Registry, because their titles have not been registered), it must be resumed by means of one of the following procedures:

On the occasion of the making of the various entries the Registrars of the Property will receive the fees established in their Tariff and will bear the expenses necessary for the operation and conservation of the Registries.

intellectual property registry

The purpose of the Land Registry is the registration or annotation of acts and contracts relating to ownership and other rights in rem over real estate. The aforementioned inscriptions or annotations will be made in the Registry in whose territorial circumscription the real estate is located.

However, it will be issued ex officio by the Registrar, if the qualification of a title presented for registration is positive and the registry state of the ownership or charges is discordant with that reflected in the title (art. 19 bis LH).

They can be requested through any registrar.  The interested parties may freely choose the registrar through which to obtain the registry information relating to any property, even if it does not belong to the demarcation of its registry, provided that it is to be issued by means of a simple informative note or consists of information on the contents of the General Computerized Index of Properties and Rights (art. 222.8 LH).

Of entries or documents (art. 342 RH) Certifications can also be of entries (which is the general rule) or of documents filed in the Registry, in respect of which the Registrars can be considered as their natural archivists (art. 342 RH).

simple notary’s note

Act of notoriety: this is a procedure carried out by a Notary Public, at the request of the interested party, by which the Notary Public records the notoriety of a fact (that a person is the owner of a property) by virtue of the declaration of witnesses and other evidence.

If a property is located in territory belonging to two or more Registries, Town Halls or Sections, the description of the totality will be made in all of them, specifying the size corresponding to each Section or Town Hall. The special description of each portion, if applicable, shall also be recorded.

In any case of refusal or disagreement, the interested party may appeal to the Directorate General, which, with the reports of the persons or Entities it deems necessary, will decide what is appropriate and will dictate, if necessary, the necessary rules for the transfer to be carried out.

Next it describes it physically, indicating the square meters and the boundaries to the north, south, east and west, locating it in a specific address and locality. The square meters are important, as well as the boundaries, although logically, these are sometimes not updated. There may also be a description of possible uses of the property. In many cases, there is also the urban classification, and in the communities of owners the coefficient of participation, basic to exercise the right to vote in the community and to determine the quota in the expenses.

property register palma

Act of notoriety: it is a procedure carried out by a Notary, at the request of the interested party, by which the Notary records the notoriety of a fact (that a person is the owner of a property) by virtue of the declaration of witnesses and other evidence.

If a property is located in territory belonging to two or more Registries, Town Halls or Sections, the description of the totality will be made in all of them, specifying the size corresponding to each Section or Town Hall. The special description of each portion, if applicable, shall also be recorded.

In any case of refusal or disagreement, the interested party may appeal to the Directorate General, which, with the reports of the persons or Entities it deems necessary, will decide what is appropriate and will dictate, if necessary, the necessary rules for the transfer to be carried out.

Next it describes it physically, indicating the square meters and the boundaries to the north, south, east and west, locating it in a specific address and locality. The square meters are important, as well as the boundaries, although logically, these are sometimes not updated. There may also be a description of possible uses of the property. In many cases, there is also the urban classification, and in the communities of owners the coefficient of participation, basic to exercise the right to vote in the community and to determine the quota in the expenses.

Gerardo Olivares