The legal regime for the registration of public property

Abstract

The significance of the Land Registry today does not lie only in the protection of private property in order to offer legal certainty in real estate transactions, but, on the contrary, and with this purpose, it also extends to the protection of public property. The current regulatory framework contemplates this with the incorporation of express mentions. In this sense, the changes introduced in the registration legislation a decade ago, which incorporated a substantial transformation with respect to the previous regime, and which have focused attention on the graphic representation of the registered properties, have undoubtedly contributed to clarifying the effects of the tabular registration. This, together with the specific regulation of this type of property, has implied accentuating the protection of the latter in two clearly differentiated ways; from the obligatory nature of their registration and from the qualification of graphic representations, without prejudice, in the latter sense, to extending their protection, by their very nature, over the unregistered public domain. However, the significant sectorization of public goods has implied, in any case, that the regulation is, in a certain way, dispersed, with notable particularities that affect the definition of the registration regime of public goods.