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The approval of Law 13/2015, of June 24, which amends the Mortgage Law and the Consolidated Text of the Land Registry Law, has enshrined in our legal system the inclusion of graphic representations of registered properties in the Land Registry, thus introducing graphic information into an institution that until now contained only written descriptions of the properties to which the recorded or registered rights pertained. This apparent novelty has its antecedents in a practice already established in more than half of the Spanish Registries following the Instruction of the Directorate General of Registries and Notaries of March 2, 2000, which allowed registrars to graphically represent the written descriptions of properties contained in the registry entries. While this practice offered undeniable advantages, the existence of a universal cadastral mapping system (all properties must be listed in the Cadastre), which was not always used as the basis for creating the graphic representation of the registered property, led to coordination difficulties between the real estate graphic information contained in the Cadastre and that prepared by the registrars. To avoid these and other dysfunctions, Law 13/2015 was enacted, which will be the subject of critical analysis in this project. As will be explained, the new regulations mandate the registration of graphic representations of properties in all cases of initial registration and modification of mortgage entities, leaving the incorporation of the graphic representation in other cases to the discretion of the registered owner. It should be noted, however, that this is not the only new information that has access to the Property Registry, as evidenced by the current wording of Article 9 of the Mortgage Law. Therefore, the first step will be to classify the different types of information that can be entered into the Registry based on Article 9. 9 LH. Secondly, the requirements for such information to be effectively reflected in the land registry books will be analyzed, which will necessitate an examination of the Land Registry-Cadastre coordination procedures. Thirdly, the effectiveness and scope of such information will be explored in depth. Finally, and this is an important new development compared to previous projects undertaken by this research group, justified by the demand from entities interested in our research, the study of the possible practical applications of this new registry information will be addressed. Since territory in general (and real estate in particular) is the environment in which people carry out most of their activities, it is of utmost importance to have up-to-date and reliable information on the potential uses of that space, as well as on the true legal status of properties. In this way, a better service will be provided to citizens in relation to areas such as urban planning, the environment or land management, while at the same time it will be possible to address more specific aspects (which will be addressed with a gender perspective) such as, for example, those relating to information on mortgage charges and percentage of executions on first and second homes, or on ownership by family units and attribution of the use or ownership of the home before and after the breakups of couples.
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The Act nº 13, of 24 June 2015, that amends both the Land Registration Act (LRA) and the Cadastral Act has decided that the lands graphical representation should be included in the Land Registry, therefore allowing graphical information to enter into the Land Registry even if before it only stored literary descriptions of the land over which rights and interests existed. This legislative innovation has a clear precedent in an established practice in over half of the Spanish Land Registries after the Instruction of the General Directorate of Land Registries and Notaries of 2 March 2000, that allowed land registrars to graphically translate the literary descriptions we mentioned before. Even if such practice had many advantages, coordination difficulties arose because cadastral cartography that covers all the Spanish territory because all the land as well as all kinds of immovable goods must appear in the Cadaster was not always used as the basis on which the graphical representation of registered land was drawn up. One of the main purposes of the aforementioned Act 13/2015 is to prevent and to correct these coordination problems, as well as some others, dealing mainly with the surface of the registered land. The new rules order the inclusion of the lands graphical representation every time that land is recorded for the first time (when the so-called inmatriculation takes place) as well as any time that the registered land is modified (eg by division or segregation of land). In the rest of the cases, the holder of the right can decide if the graphical representation must enter into the Land Registry or not, as the current rules entitle holders to do so. However, this is not the only new information that can be registered in the Land Registry following the new wording of art. 9 LRA. Therefore, firstly we will try to classify the different types of information that can enter into the Land Registry after art. 9 LRA was modified in 2015. Secondly, we will analyze the requirements that must be fulfilled by those new kinds of information (to be able to be effectively recorded in the Land Registry, hence we will need to study the coordination procedures between Land Registry and Cadaster. Thirdly, we will examine in great depth the effectiveness and extent of such information. Lastly and this is new with regard to the previous research activities that have been carried out by this group, and is justified by the requests of the organizations that have their interest in our research we will study the practical applications of this new registered information. Taking into account that, in general, land (and mainly immovable goods) is the basis on which declared almost all of the citizens activities take place, it is crucial to count on updated and reliable information about the possible uses that can be carried out on such space as well as about the true legal status of immovable items Thus, we will study if this new regulation means that better services will be granted to citizenship with regard to fields such as town and country planning, environment or land. use. More specific issues (that will be approached even from a genre perspective) will also be considered: among others, information about mortgage charges, foreclosure of first or second homes, ownership by families, allocation of the right of use or of ownership of the home before and after (married or unmarried) couples break-up.
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