This procedure, It is not mandatory by law and costs, It gives legal guarantees to the buyer before a host of potential problems
It serves, for example, to avoid the embargo for debts of previous owner, that the House can be sold without your consent or facilitate the inheritance
The experts ensure that many farms still without being registered
When buying a House most advisable is to register it in the land registry, but is not mandatory by law. I.e., You can buy a property and do not perform this procedure, that involves a disbursement (varies depending on the value of the property) extra to add to the already on its mandatory (ITP or VAT, notary, etc.). Then, Why should I have registered my home? The answer is clear: by legal guarantees, to avoid the many bureaucratic risks that may lurk a property.
Take the trouble to register a home, What can carry two visits to the property registry (one to carry the necessary documentation and the other to collect the already registered), is synonymous with, fundamentally, of legal certainty and administrative security for new owner. Los registradores de la propiedad abordan todas las aristas posibles de este tema en su web page.
Mainly, registrar la vivienda It guarantees to be the sole owner of the House y por lo tanto evita, for example, that the creditors of the seller may not claim (Garnish) the property to the purchaser. There is that having in counts that it normal always is that the House is registered (whether it is used as if it is a new building - in the name of the developer-) and that if the previous owner has some kind of debt creditor attempt to settle it with the goods on behalf of the debtor, which gives you faith the land registry.
In addition, tener la casa registrada posibilita al nuevo propietario defending against hidden charges que pueda tener la vivienda. On the other hand, this inscription means that no one can adquirir derecho sobre la casa sin autorización del propietario y resulta del todo imprescindible para hipotecar el inmueble, Since the Bank will require that record to ensure the repayment of the credit.
On the other hand, looking to the longer term, la herencia de la propiedad será mucho más compleja If a property has not been registered. It will be much more difficult to prove that the House belongs to the transmitter. En este punto cabe puntualizar que la vigencia de la inscripción de una vivienda es sine die y no hay que renovarla.
Otra encrucijada en la que puede verse el nuevo propietario si no gives high la casa a su nombre en el Registro de la Propiedad, es que el vendedor pueda seguir haciendo use of the property if it is still in your name. ”The previous owner could convey the House to a third party or even tax it again, for example, with a mortgage”, advierten desde el Cabinet of lawyers Echeandía & Alevito.
“The person that performs that action of sale to a third party is at work illicitly”, Add these legal experts in real estate matters, “but”, Remember, ”the law mortgage protects to who has acquired the property or it has taxed of good faith and has registered its right”. Therefore, if the second buyer sign it and the first not, the legislation protects that has gone to the registry. “It may undertake actions legal against who has acted illegally, but the operation performed by the third party in good faith is immutable”, they conclude from Echeandía and Alevito.
Read more: http://www.elmundo.es/economia/2016/09/12/57c94b1e22601d6e288b461d.html