The land register is part of the essential core of ownership

Abstract

All Democartic State of Law should provide their citizens the right of ownership. That implies to provide the owner a deed and a right in rem on the house, properly registered in a Land Register. Social function of the housing means that ownership is not more an absolute right, but a limited right. There are legal limitations, and the owner has to fulfill legal duties. This legal limitations are published by law, registration of them is not compulsory. Is different to conventional iura in re aliena o conventional limitations, that have to be registered to have effects on third parties. But to reach a full efficency of legal limitations, they should be known through the Land Register, so the land registrar could enforce them. In intermediate ownership and non regulated property rights registration is compulsory because is the only way of knowing their contents. In Spain the household act provides the right of information about urban planing what implies access to legal situation of the plot. Only the registered ownership with grafic representation achieve its máximum value. All this proves that Land Register is part of the essential core of ownership.