It is quite common to find ourselves in the situation of inheriting some real estate (home, plot, farm, etc.) that has never had access to the Registry, that is, it is not registered in the corresponding Property Registry, despite the fact that it is paid taxes such as IBI or contribution like any other property. These cases occur in properties that have been owned for many years, and that their owners, due to ignorance or passivity, never decided to register in the Registry.
In these cases, we need to register said asset for all appropriate purposes, for example to sell it later. To now access the real estate to the corresponding Property Registry, the Mortgage Law provides three different mechanisms for registration, one judicial known as domain file and two administrative or notarial, so it will depend on the circumstances in each case which is the most advisable route.
Another frequent practical case is to find ourselves in the situation of knowing that we are owners of an asset that is possessed by another without our consent, for this our Legal System includes what is known as the figure of the vindicatory action. Said action can be undertaken by the owner of an asset who has been deprived of possession of it, that is, who is not using and enjoying it, by an unrelated third party, who has no title.
To undertake said action, it is necessary, on the one hand, to justify being the owner of said property and, on the other, that another person other than us and without our consent or any title (for example that it is not leased by us to this third party), so that This action succeeds in court.
So if you find yourself facing a home or lot that you have inherited or that is owned by a family member but who has never had access to the Property Registry despite being regularized in all other aspects, for example taxes for paying the annual contribution; or being the owner of some property or property, you cannot use and enjoy it, that is, you are not in possession of it because it is being enjoyed by a third person without your consent, do not hesitate to receive correct legal advice at in order to achieve its purpose.
From our law firm in Murcia capital, we offer you comprehensive advice on all the aspects that arise in order to initiate the most advisable route to be able to register the home or property in the Registry, as well as to be able to exercise a possible claim action.
