Table of Contents (13)
- Resumption of successive tract in Barcelona
- Convert Commercial Premises to Residential Property
- Notary to resume the interrupted successive chain in Barcelona
- What is successive tract?
- Example of a situation to resume successive tract
- Where is the successive tract regulated?
- What resumption of tract proceedings can we process at JLA Notarios - Notaría Barcelona?
- Record of Resumption of Successive Conveyance
- The Role of the Notary in the Successive Chain
- Documentation for Successive Transfer
- What is the price of the resumption of successive tract?
- Taxes and expenses of the successive tract
- JLA Notaries, Notary for resuming the successive chain in Barcelona
Resumption of successive tract in Barcelona
The resumption of successive title is the procedure that provides a solution to situations in which a property is registered in the name of a deceased relative, estates of properties that were never registered in the name of heirs, or properties acquired by private contract whose owner was not properly registered in the Land Registry.
Regularising the successive title is essential for the sale of that property, applying for mortgages, accepting an inheritance, or legally proving ownership of the property.
Convert Commercial Premises to Residential Property
As Notaries in Barcelona specialising in Real Estate Law, successive title chain resumptions and registry regularisation of properties, we advise you on resuming the successive title chain and correctly updating the registered ownership of estates, homes and land in accordance with current mortgage legislation.
Below, we explain what resumption of the successive title chain is, when it is necessary and how to process this procedure, based on article 208 of the Mortgage Law, before a Notary and the Property Registry.
Notary to resume the interrupted successive chain in Barcelona
The resumption of successive tract is part of the title deed of domain file carried out in our Barcelona notary’s office.
What is successive tract?
The resumption of successive chain allows regularising the registered ownership of a property when one or more transfers were never correctly registered in the Land Registry.
The successive chain in the Land Registry is a basic principle of the Spanish mortgage system that requires that every transfer is correctly linked to the previously registered owner. That is, in order to register a property in the name of a person, the person who transferred the ownership to them must be previously registered.
The problem arises when there are intermediate transfers that never entered the Registry, such as:
- old inheritances not formalised,
- private sales,
- family transfers,
- unregistered donations,
- or deeds that were never registered.
In these cases, the Land Registry may prevent new registrations, sales, mortgages or transfers until the chain of registered ownerships is properly regularised.
The resumption of successive chain allows legally reconstructing those intermediate transfers to update the registered situation of the property and once again allow its full legal circulation.
Example of a situation to resume successive tract
Imagine a property in Barcelona that is still registered in the name of the grandfather who died more than 40 years ago. After his death, the property was informally passed on to one of his children, who lived there for decades, paid the property tax (IBI) and carried out renovations, but never processed the inheritance nor registered the property in their name.
Years later, that child dies and their own children inherit the property, discovering when trying to sell it that the property is still registered in the grandfather’s name. In this situation, the Land Registry can block the sale until all intermediate transfers are regularised through a procedure to resume the successive chain of title.
Where is the successive tract regulated?
Successive chain is regulated in the Mortgage Law, approved by Decree of 8 February 1946, subject to various modifications. According to article 198 of the Mortgage Law, the successive chain is one of the mechanisms to achieve consistency between the registry reality and the extraregistry reality.
The fundamental regulation is found in article 208 of the Mortgage Law, which regulates the notarial procedure for the resumption of the successive chain. Additionally, article 203 of the Mortgage Law is important, as it establishes the persons who must be notified and the form of notarial notification.
What resumption of tract proceedings can we process at JLA Notarios - Notaría Barcelona?
The Notaries of Barcelona, according to article 203 of the Mortgage Law, can process proceedings for the resumption of property chains in Barcelona and in the neighbouring Notarial Districts.
Therefore, at JLA Notarios we can process proceedings for the resumption of property chains in Barcelona city, El Prat de Llobregat, Hospitalet de Llobregat, Esplugas de Llobregat, Sant Just Desvern, Sant Feliu de Llobregat, Molins de Rei, Sant Qugat del Vallès, Cerdanyola del Vallès, Montcada i Reixac, Santa Coloma de Gramanet and Sant Adrià del Besós.
Record of Resumption of Successive Conveyance
The resumption of the successive chain is currently processed through a notarial procedure regulated in the Mortgage Law, especially in 208LH, following the reform introduced by Law 13/2015, of 24 June.
The purpose of the file will be to documentarily prove the various transfers, inheritances or changes of ownership that did not reach the Land Registry to finally allow the registry update of the property.
Unlike other registry procedures, this file can only be processed when there is a true interruption of the registry chain. Therefore, it cannot be used when the acquisition derives directly from the registered owner or their heirs, as in those cases the corresponding title must be formalised and registered directly.
The successive chain resumption file must be processed before a competent Notary in the notarial district where the property is located or in one of the neighbouring notarial districts. Therefore, if you need to process a successive chain resumption deed in Barcelona, do not hesitate to contact us.
The Role of the Notary in the Successive Chain
The file opening record is regulated in article 203 of the Mortgage Law. These are the steps our notaries take for the resumption of successive tract in Barcelona:
| Step | Processing of the resumption of successive tract |
|---|---|
| 1. Verification of the interruption of the tract | Before starting the file, it must be verified that there really is an interruption of the successive registry tract. This procedure cannot be used when the person intending to register acquired directly from the registered owner or their heirs, since in those cases the corresponding title must be registered directly. |
| 2. Request for the file before a Notary | The procedure begins with a request from the interested party before the competent Notary, providing the description of the property, the last valid registry entry, and the rest of the available documentation. |
| 3. Submission of documentation and intermediate titles | The interested party must provide both the documents that prove their acquisition and those that justify the intermediate transfers that did not enter the Property Registry. |
| 4. Start of the record of resumption of successive tract | The Notary will prepare the notarial record incorporating the registry, cadastral, inheritance documentation and the rest of the necessary evidence to correctly prove the chain of ownership of the property. |
| 5. Mandatory BOE publication | The opening of the file must also be published by edict in the Official State Gazette (BOE), allowing possible interested parties to appear and make allegations about the ownership of the property. |
| 6. Referral to the Property Registry | The file is sent to the competent Property Registry to request the initial registry certification and subsequently continue the processing in accordance with the Mortgage Law. |
| 7. Summons and notifications to interested parties | The Notary will summon the registered owner listed in the last valid entry or, if deceased, their heirs, as well as other possible interested parties affected by the file. |
| 8. Personal summons in certain cases |
When the last registry entry is less than 30 years old, or there are recent entries related to the registered owner, the Mortgage Law requires that summons be made personally. However, when the entry is older and it is not possible to locate the interested parties, certain notifications may be made by edicts and official publications in accordance with the current mortgage regulations. Among the people who may be notified are:
|
| 9. Appearance and possible agreement of interested parties | If all interested parties appear and show their agreement with the resumption of successive tract, the file may continue to allow the corresponding registry entry. |
| 10. Opposition to the file | If any of the interested parties oppose or do not appear when legally necessary, the Notary will close the notarial file, leaving the judicial route open to resolve the conflict. |
| 11. Possible favourable conclusion of the file | If all interested parties appear and show their agreement with the resumption of successive tract, the file may conclude favourably and continue its registry processing. In certain cases with very old registry entries, especially over 30 years, the definitive viability of the file will also depend on the subsequent assessment carried out by the Property Registrar. |
| 12. Definitive registration in the Registry | If the file concludes correctly and all legal requirements are met, the definitive registration of the successive registry tract may be made in the Property Registry, updating the registered ownership of the property. |
Documentation for Successive Transfer
It will be necessary:
- The title deed of the property
- Cadastral certificate descriptive and graphic
- Documents related to the acquisition of the property by the intermediate holders (old deeds, private contracts, inheritance documentation, registry and cadastral certificates) that allow the chain of ownership of the property to be justified.
What is the price of the resumption of successive tract?
How much does it cost to resume a successive chain? The price depends on various factors, as it will vary according to the type of procedure to be processed, the legal complexity of the file (the number of pending transfers or inheritances to be regularised, their age, the existence or not of deeds, the location of heirs, notifications…), the available documentation and the actions necessary during the processing.
However, the price of notarial acts is regulated by the Government and complies with the regulatory legislation of the NOTARIAL FEE SCHEDULE (RD 1426/1989, of 17 November, regulating the Notaries’ Fee Schedule).
Contact us to carry out a resumption of chain in Barcelona. We will first analyse your situation and assess the procedure on a personalised basis, as the cost varies according to different factors, such as the adjoining owners and notifications that the Notary must make. One of the issues that most influences the price is whether the notifications must be made in person by the Notary or not, which depends on whether the title whose chain is being resumed is older or younger than 30 years.
Taxes and expenses of the successive tract
The resumption of the successive tract may involve not only notarial and registration expenses, but also certain tax obligations arising from transfers or inheritances that were never properly formalised.
Although the notarial file does not in itself constitute a new transfer of ownership, during the registration regularisation it may be necessary to prove the correct payment of taxes.
However, each file presents different circumstances and, in certain cases, some taxes or fiscal responsibilities may be time-barred depending on the age of the transfers.
FAQ to our Notary for resumption of successive tract
The existence of an interrupted successive chain may prevent the sale of the property or greatly hinder the operation, as the Land Registry may reject new registrations until the chain of ownership is properly regularised.
Of course, what it prevents is the buyer from obtaining mortgage financing without prior resumption of the interrupted successive chain. Therefore, in the province of Barcelona, it is usually necessary to resume the chain in sales, because buyers usually request a mortgage.
When a property remains registered in the name of a deceased owner and the successive inheritances or transfers were never properly formalised, it may be necessary to process a resumption of the successive chain to update the registered ownership.
The timeframe will depend on the complexity of the file, the available documentation, notifications to interested parties, and the subsequent registration qualification. Especially if there are unknown heirs, old transfers, or difficulties in locating interested parties. However, in practice, the most common is that the procedure can be completed in approximately 3 to 6 months in the simplest cases.
The lack of old deeds does not necessarily prevent processing the file. Depending on the case, other means of proof can be provided such as inheritance documentation, private contracts, cadastral certificates, IBI receipts, or evidence of continuous possession of the property.
JLA Notaries, Notary for resuming the successive chain in Barcelona
The resumption of successive tract is a complex legal and registry procedure that requires correctly analysing the documentary, registry and inheritance situation of the property to avoid later problems in the Land Registry.
At our notary office on the Diagonal in Barcelona, between Passeig de Gràcia and Francesc Macià, we are specialised in notarial real estate services and the registry regularisation of properties. Contact us to receive advice for the registry regularisation procedure.
Remember that from our notary office specialised in Barcelona in resumptions of tract we can process resumption of tract files for properties in Barcelona city, El Prat de Llobregat, Hospitalet de Llobregat, Esplugas de Llobregat, Sant Just Desvern, Sant Feliu de Llobregat, Molins de Rei, Sant Qugat del Vallès, Cerdanyola del Vallès, Montcada i Reixac, Santa Coloma de Gramanet and Sant Adrià del Besòs.
If you need to process a resumption of successive tract in Barcelona, you can contact us through the contact form on our website, by telephone or by sending us an email. We will study your case and help you legally regularise your property.
By your side in the moments that matter
Contracts and property law
Over the course of our lives, we carry out important actions, such as buying a home, declaring a new-build, lifetime gifting to our children or ending partnerships, among many others.
At JLA Notarios we are experts in property and contract law and buying and selling property. We guide our clients, analysing each particular issue and always considering the tax burden of each transaction.
In addition, some of our notarial services can be performed online, so we can assist you from anywhere in Spain. Contact us to declare a new-build or a commonhold ownership structure online.
Inheritance and wills
The moment of granting a will, making a declaration of heirs or formalising an inheritance are very important moments in people's lives.
At JLA Notarios we offer services related to succession law, both to arrange your succession and to distribute an inheritance, guaranteeing the best advice tailored to your particular needs and the study of the tax implications of each case. At no time do we neglect the human factor, even offering home notary services if necessary.
Mortgage
Taking out a mortgage is one of the biggest moments for anyone. Just think of the fees and interest you may have to pay for much of your life. So it is essential to have a trusted notary to help you understand what you are signing, explaining the tricky legal terms and their future consequences in simple words, to provide transparency and protect our clients.
At JLA Notarios we are aware of the importance of giving complete and understandable information to people about to sign a mortgage, novation or subrogation. We also advise and guide you on your future mortgage cancellation.
Loan agreements and credit facilities
Individuals and companies often need money to fulfil their dreams or projects. This can be obtained by taking out a loan or credit facility with your bank. When you sign, it is essential to understand the details properly to avoid future surprises.
JLA Notarios can be your trusted notary office, giving you accurate advice on loan contracts, providing a very agile and specialised service for processing loan contracts.
Bear in mind that from 9 November 2023, you will be able to sign your loan contracts from anywhere in Spain electronically by videoconference with JLA Notarios, saving you time and money. Do not hesitate to contact us to find out more about the notary office’s services in order to sign a loan contract online or sign a credit facility online.
Companies
Without entrepreneurship there is no future, so it is of vital importance to support our businesspeople and entrepreneurs.
At JLA Notaries we are familiar with companies’ life cycle, which enables us to provide legal assistance for companies in their different stages, whether incorporation, modifications of their articles of association, changes of director, share sales and purchases, capital increases and reductions, dissolution and closure, and everything related to commercial matters.
Powers of attorney
There are moments in life when a person needs to delegate. The law provides a tool for this: powers of attorney. Though a power of attorney, one person allows another person to act on their behalf.
At JLA Notarios we make sure that you understand the significance and risks of delegating or revoking powers of attorney, from a special power of attorney or power of attorney for lawsuits, to general powers of attorney or preventive powers of attorney for cases of incapacity.
We provide an agile service to sign powers of attorney. You can take your copy away immediately, saving you unnecessary trips, and from 9 November 2023 our clients will be able to sign all powers of attorney that are not general or preventive by videoconference through our digital notary office.
Family affairs
A prosperous society is based on the family and its protection. Family Law provides you with the tools to protect your family and its members, so its foundations are solid and its purposes can be achieved.
At JLA Notarios we provide legal advice on marriage or civil partnerships; property aspects of the family through marriage contracts or civil partnership contracts; the moments when the family relationship is ended, in cases such as divorce or separation; and protection of vulnerable people, such as minors or people with modified capacity, through deeds of appointment of guardians or executors or creation of protected assets. We do all of this in a way that makes everyone involved feel equally supported and secure.
Certifications and authentications
It is common knowledge that notaries attest. That important and simple action can guarantee things of vital importance, such as ensuring that the signature on a document is authentic or certifying that a copy of a document matches the original.
At JLA Notarios we will help you to certify a document or notarise a signature in accordance with the law and tailored to your specific needs.
In addition, these notarial procedures can be carried out conveniently through electronic means from 9 November 2023.
Minutes
How many times have you wanted to leave a record of an event, of a statement, of the condition in which an object is found, or notify someone of any matter. To provide a solution to these issues, the Law provides us with notarial records.
At JLA Notarios we adapt to you, reflecting in the record what you require and carrying out the notifications and requests that you demand.
Oath of Nationality
Behind every nationality oath there is a story of overcoming, sacrifice and waiting.
At JLA Notarios we understand what this moment means and offer an empathetic, agile and fast service, advising beyond the oath itself, anticipating the future requirements that the new Spanish citizen will need.
We are your reference Notary to carry out the nationality oath before a Notary in Barcelona.
Hague Apostille
One of the main effects of globalisation is the increase in international acts and transactions, and the exchange not only of information but also of documentation between different States and between individuals. Therefore, procedures that facilitate and speed up this exchange are necessary, as is the case with the Hague Apostille in Barcelona.
Tax and registry procedures
Tax bureaucracy can cause a lot of headaches.
So JLA Notarios offers its clients the possibility of assessing and paying the many different taxes by the executing deeds and carrying out other procedures before the notary. We can also file them with the Land or Companies Registry so you do not have to concern yourself with it and can spend your time on the things that matter. We support you from start to finish.
Contracts and property law
Over the course of our lives, we carry out important actions, such as buying a home, declaring a new-build, lifetime gifting to our children or ending partnerships, among many others.
At JLA Notarios we are experts in property and contract law and buying and selling property. We guide our clients, analysing each particular issue and always considering the tax burden of each transaction.
In addition, some of our notarial services can be performed online, so we can assist you from anywhere in Spain. Contact us to declare a new-build or a commonhold ownership structure online.
Inheritance and wills
The moment of granting a will, making a declaration of heirs or formalising an inheritance are very important moments in people's lives.
At JLA Notarios we offer services related to succession law, both to arrange your succession and to distribute an inheritance, guaranteeing the best advice tailored to your particular needs and the study of the tax implications of each case. At no time do we neglect the human factor, even offering home notary services if necessary.
Mortgage
Taking out a mortgage is one of the biggest moments for anyone. Just think of the fees and interest you may have to pay for much of your life. So it is essential to have a trusted notary to help you understand what you are signing, explaining the tricky legal terms and their future consequences in simple words, to provide transparency and protect our clients.
At JLA Notarios we are aware of the importance of giving complete and understandable information to people about to sign a mortgage, novation or subrogation. We also advise and guide you on your future mortgage cancellation.
Loan agreements and credit facilities
Individuals and companies often need money to fulfil their dreams or projects. This can be obtained by taking out a loan or credit facility with your bank. When you sign, it is essential to understand the details properly to avoid future surprises.
JLA Notarios can be your trusted notary office, giving you accurate advice on loan contracts, providing a very agile and specialised service for processing loan contracts.
Bear in mind that from 9 November 2023, you will be able to sign your loan contracts from anywhere in Spain electronically by videoconference with JLA Notarios, saving you time and money. Do not hesitate to contact us to find out more about the notary office’s services in order to sign a loan contract online or sign a credit facility online.
Companies
Without entrepreneurship there is no future, so it is of vital importance to support our businesspeople and entrepreneurs.
At JLA Notaries we are familiar with companies’ life cycle, which enables us to provide legal assistance for companies in their different stages, whether incorporation, modifications of their articles of association, changes of director, share sales and purchases, capital increases and reductions, dissolution and closure, and everything related to commercial matters.
Powers of attorney
There are moments in life when a person needs to delegate. The law provides a tool for this: powers of attorney. Though a power of attorney, one person allows another person to act on their behalf.
At JLA Notarios we make sure that you understand the significance and risks of delegating or revoking powers of attorney, from a special power of attorney or power of attorney for lawsuits, to general powers of attorney or preventive powers of attorney for cases of incapacity.
We provide an agile service to sign powers of attorney. You can take your copy away immediately, saving you unnecessary trips, and from 9 November 2023 our clients will be able to sign all powers of attorney that are not general or preventive by videoconference through our digital notary office.
Family affairs
A prosperous society is based on the family and its protection. Family Law provides you with the tools to protect your family and its members, so its foundations are solid and its purposes can be achieved.
At JLA Notarios we provide legal advice on marriage or civil partnerships; property aspects of the family through marriage contracts or civil partnership contracts; the moments when the family relationship is ended, in cases such as divorce or separation; and protection of vulnerable people, such as minors or people with modified capacity, through deeds of appointment of guardians or executors or creation of protected assets. We do all of this in a way that makes everyone involved feel equally supported and secure.
Certifications and authentications
It is common knowledge that notaries attest. That important and simple action can guarantee things of vital importance, such as ensuring that the signature on a document is authentic or certifying that a copy of a document matches the original.
At JLA Notarios we will help you to certify a document or notarise a signature in accordance with the law and tailored to your specific needs.
In addition, these notarial procedures can be carried out conveniently through electronic means from 9 November 2023.
Minutes
How many times have you wanted to leave a record of an event, of a statement, of the condition in which an object is found, or notify someone of any matter. To provide a solution to these issues, the Law provides us with notarial records.
At JLA Notarios we adapt to you, reflecting in the record what you require and carrying out the notifications and requests that you demand.
Oath of Nationality
Behind every nationality oath there is a story of overcoming, sacrifice and waiting.
At JLA Notarios we understand what this moment means and offer an empathetic, agile and fast service, advising beyond the oath itself, anticipating the future requirements that the new Spanish citizen will need.
We are your reference Notary to carry out the nationality oath before a Notary in Barcelona.
Hague Apostille
One of the main effects of globalisation is the increase in international acts and transactions, and the exchange not only of information but also of documentation between different States and between individuals. Therefore, procedures that facilitate and speed up this exchange are necessary, as is the case with the Hague Apostille in Barcelona.
Tax and registry procedures
Tax bureaucracy can cause a lot of headaches.
So JLA Notarios offers its clients the possibility of assessing and paying the many different taxes by the executing deeds and carrying out other procedures before the notary. We can also file them with the Land or Companies Registry so you do not have to concern yourself with it and can spend your time on the things that matter. We support you from start to finish.
