RELACIONES ENTRE EL REGISTRO DE LA PROPIEDAD Y EL CATASTRO: ¿COORDINACIÓN?.

Abstract

The often-alluded-to coordination between the property registration system and the cadastre does not consist in a merger, or even in a strict bonding of the two based on any absolute agreement between them, at least to begin with. If we are to approach this question with some modicum of correctness, we must avoid falling into the false controversy over which of the two prevails: It is single reality itself, in its two facets of physical reality and legal reality, that these two agencies must organize. The distinction between legal registries and administrative registries is what determines the scope of legal effects that each has, in regard to the protection each affords to title holders for the sake of preventive legal certainty. For this, recent legislative texts are interpreted (Act 13/1996 of 30 December on Fiscal Measures, Administrative Measures and Measures of a Social Nature, the Instruction of 2 March 2000 of the Directorate-General of Registries and Notarial Affairs on the introduction of the cartographic base in Land Registries, and the Revised Real Estate Cadastre Act approved by Royal Legislative Decree 1/2004 of 5 March 2004). Leaving facets of a merely instrumental nature (chronological, computerrelated, financial, disciplinary, organizational) aside, we would do best to focus on the liability the registrar bears in the task of scrutinizing documents for due form and on the consent of the title holders, without neglecting formal publicity, not only to avert the paralysis of real estate traffic, but also to render real estate traffic faster and safer.