This order aims to comply with reforms introduced under the Cadastre Act and the Mortgage Act, which provide for improved collaboration between the Cadastre and the Land Registry. The acts regulate the exchange of information between both institutions, as well as the interoperability between them.
Accordingly, the Real Property Cadastre Act and the Mortgage Act contain the following provisions:
A broadening of the communication procedure to incorporate,
along with title conveyances, other types of alterations to real property such as acts of parcel concentration, administrative boundary definition, expropriation, planning and town development management acts and parcelling acts that consist of the segregation, division, aggregation or grouping of real property.
That the real folio incorporates the geo-referenced graphic representation of the estate to complete its written description whenever it is being registered for the first time with the Land Registry or when the aforementioned operations are being registered.
To provide access for registrars to the graphic representation and identification service of registry land on cadastral maps.
Regulation of technical requirements to supply the information
and to adopt a Joint Order by the National Registers and Notaries Directorate General and the Cadastre Directorate General to regulate these matters.
In the light of that which is laid down in the aforementioned reforms, the Joint Order provides for the regulation of the exchange of information between the Cadastre and the Land Registry with respect to the following aspects:
• Form, content and technical requirements of the supply by the land registrars of information on the entries made in which facts, acts or transactions open to entry on the Cadastre register figure.
• Form, content, terms and requirements for the mutual exchange of relevant information provided for in mortgage legislation to enter graphic representations of the registered land on the Land Register and to coordinate with the Cadastre.
• The features and functions of the information exchange system, as well as the land graphic identification and representation service on cadastral maps.
• Requirements that must be complied with by the technical description and alternative graphic representation that is provided to the Land Registry.
Moreover, it is expected that the exchange of information between both registers is accelerated and conducted through web services to be provided by the Electronic Offices of the National Registers and Notaries Directorate General and the Cadastre Directorate General in Spain, in accordance with the system attached as an Annex to the Order.
The introduction of this order should see improved communication between the Cadastre and Land Registry in such a way that the registration content will become more accurate and identical at both registers, thus resolving the registration differences that normally exist between the two.
Source: Squire Patton Boggs