APLICACIÓN DE LA TEORÍA DE LAS BASES GRÁFICAS AL PROCEDIMIENTO INMATRICULADOR DEL ARTÍCULO 206 DE LA LEY HIPOTECARIA.

Abstract

Article 206 of the Mortgage Act regulates a special procedure of first registration, applied when the entity having the property registered is public, that takes the public nature of said entity into consideration. This subjective circumstance must have repercussions on aspects concerning not only accreditation of the proper title of ownership in fee simple (the «contents » of the entry), but also the form of describing the «container or recipient» of said ownership (the description of the registered property). The case addressed by article 206 of the Mortgage Act is based upon the sole declaration of the registering entity, and therefore said declaration has to be so absolutely precise that any party injured by said declaration who may wish to file a claim can do so with all guarantees. It becomes absolutely vital for said declaration to have precise descriptive effects and for the graphic base of registration to obey an exact georeferencing of the tenement's contours. The Mortgage Regulation refers to the fact that the description of the property to be subjected to first registration must be taken with reference to the inventory or official documents of the corresponding administration. However, at present there is no legislation whatsoever establishing the need for such inventories to be graphic. Therefore it would be, in our opinion, necessary for legislation to address this issue. Legislation that, respecting the necessary diversity in terms of the object of graphic representation by each administration, establishes certain common minimum parameters enabling at all events the different types of graphic information on territory to be compared on a consistent basis.