What is a dominion proceeding for the resumption of interrupted successive tract and how is it processed

29 April, 2024
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Real Estate
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Neus Vallara


A few months ago, in another article on our blog, we referred to one of the dominion proceedings provided for in the Mortgage Law, specifically the one established for the registration of properties not registered in the Property Registry. In this article, we analyze another dominion proceeding under the Mortgage Law: the dominion proceeding for the resumption of interrupted successive tract.

What is the interruption of the successive tract?

If we talk about the resumption of interrupted successive tract, first of all, it is convenient to understand the concept of “interruption of the successive tract.” For this, the starting point is Article 20 of the Mortgage Law, which includes one of the essential principles of property law, that of the registration of the successive tract:

“To register or annotate titles declaring, transmitting, encumbering, modifying, or extinguishing ownership and other real rights over real estate, the right of the person granting or on whose behalf the acts referred to are granted must be previously registered or annotated.

In case that right is registered in favor of a person other than the one granting the transmission or encumbrance, Registrars will deny the requested registration.”

In this way, the interrupted successive tract regarding the ownership of a property occurs in cases where said ownership is not registered in favor of the current real owner due to the omission of registration of their ownership by several intermediate owners. Let’s see a very simple example:

–> “A” transfers their property to “B” through a private contract.

–> Subsequently, “B” transfers the property acquired from “A” to “C” through a private contract.

–> In turn, “C” transfers the property acquired from “B” to “D” through a public deed.

–> “D” dies and their heirs accept their inheritance, which includes the property in question.

–> “D”‘s heirs intend to register in their favor in the Property Registry the ownership of the property they have inherited. However, Article 20 of the Mortgage Law prevents this, since the property is not registered in favor of “D”, but is still registered in favor of “A”. Thus, the successive tract has been interrupted with a series of transfers that have not been registered in the Property Registry.

How is a dominion proceeding for the resumption of interrupted successive tract processed?

The proceeding is processed before the Notary authorized to act in the notarial district where the property is located or in any of the neighboring notarial districts to said district. In summary, the phases of the proceeding are as follows:

Initiation of the proceeding:

The promoter of the proceeding appears before the Notary, who will draw up the initiation record in which the property must be described, indicating the last ownership registration and all other registrations that are in force.

The following documentation must be attached to this document:

The property title attributing ownership of the property to the promoter of the proceeding.

Cadastral certification of the property indicating the cadastral owners of said plots and their neighbors, as well as their respective addresses.

Other documents justifying the acquisition of the intermediate owners from which it derives.

Any other documents that the promoter of the proceeding considers appropriate to justify their request.

The Notary will send the drawn up record to the Registrar to issue the property ownership certification and to annotate the marginal note of the resumption of the successive tract on it.

Notifications:

The most complex and determining procedure is the notifications that the Notary must make, since the outcome of the proceeding will depend, in part, on them. Thus, the Notary must notify:

Whoever appears as the registered owner of the property or their heirs. If the last ownership registration is less than thirty years old, the citation to the registered owner or their heirs must be made in person. When the last registration exceeds thirty years of age, it can be done nominally. In this latter case, notification by edicts in the Official State Gazette (BOE) is allowed.

Other interested parties (holders of charges, rights, or actions that may encumber the property, cadastral owner, possessors, etc.), so that they can appear in the proceeding and assert their rights.

Optionally, the Notary may order the publication of the edict in the notice board of the City Council, also free of charge.

The Notary must extend diligence regarding the practice and result of each of the notifications made.

Conclusion of the proceeding:

The proceeding will end in one way or another depending on the circumstances:

If none of the interested parties oppose, the Notary will extend a diligence stating that the request for the successive tract resumption requested by the promoter of the proceeding is appropriate and will send an authorized copy of the diligence and the initial record of the proceeding to the Property Registry for the resumption of the successive tract to be carried out.

If any interested party opposes, the Notary will conclude the proceeding, noting the cause that motivates the closure. The promoter may file a declaratory lawsuit against all those who have opposed before the competent court corresponding to the place where the property is located.

In conclusion, the dominion proceeding for the resumption of interrupted successive tract is a complex procedure due to the interpretative doubts it generates and, at the same time, restrictive, being an exceptional way of rectifying the registration entries.

At MES Advocats, we offer comprehensive advice and support in dominion proceedings for the registration of properties or the resumption of interrupted successive tract. If you need more information or are interested in obtaining a quote, you can contact our real estate law department at this link.

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dominion proceedingsPropertyregistro de la propiedad

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