New Spanish coast regulation and its application in seconds and subsequent transfers of properties, in cases of new registration of properties in Spain and differences in measurements
In relation to the second and subsequent registrations at Spanish Land Registry on properties that intersect or those that are lining arround the maritime-terrestrial public domain, please find as follow a number of rules that the owners should take into account (notes to article 36 of Spanish coast legislation):
– In Spain, if a plot of land invades or is located next to an area of maritime-terrestrial public domain according to the graphic representation provided by the Department of Sustainability of the Coast and the Sea. The so known Dirección General de Sostenibilidad de la Costa y del Mar, the local Spanish Registry shall suspend the registration requested and make notation for ninety days notifying this circumstance to the Peripheral Service of Coasts, the so known Servicio Periférico de Costas to, within one month since the reception of the request, certify whether the plot of land invades the maritime-terrestrial public domain and its location in relation to the protection and transit easements. After this period, without receiving the mentioned certificate, the Registry will become the annotation for the suspension of the registration domain, which will notify the peripheral service costs.
– When the certification states that the plot of land intersects with maritime-terrestrial public domain as already approved by Ministerial Order, the local Spanish Registry shall refuse to registration and cancel the annotation of suspension and proceed to request the annotation of the corresponding resolution approving the public demarcation..
– When the plot of land invades or is located next to areas of maritime-terrestrial public domain pending of the public demarcation, the Registry in Spain shall make the registration requested and inform the Peripheral Service of Coasts, noting that it is subject to the results of the public demarcation resolution.
– When the plot of land only partially intersects with the maritime-terrestrial public domain, the above limitations may only proceed in the part that is affected, in which case the Public Deed shall need to be modified according to the resolution approving the public demarcation, in order to proceed with the registration or annotation of maritime-terrestrial public domain in favour of the State.
– The registrar of property in Spain, on the occasion of the issuance of any form of land registration, in any case informed of the situation of the property in relation to the protection and transit easements under the graphical representation evidence in the record, provided by the Department of Sustainability of the Coast and the Sea
The above mentioned notes refer exclusively to first registration of properties in Spain and differences in land measurements. In a later post we will analyse the cases of Spanish properties that might invade the maritime public domain.
Arcos & Lamers Asociados, your English speaking Spanish law firm in Marbella.
Félix Ruiz, lawyer in Spain, lawyer in Marbella.
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