Public Registry of Property: A Guide to Legal Acts & Agreements

Posted on Nov 5, 2024 in Law & Jurisprudence

Public Registry of Property

Purpose

The Public Registry of Property provides legal certainty by publicizing legal acts and agreements concerning individuals and corporations. This service includes:

  1. Registration of rights, transfers, modifications, and termination of real rights over immovable property.
  2. Recording the creation, modification, and termination of legal entities.
  3. Registration of other relevant acts, business dealings, and judicial decisions.

Scope

Acts and agreements executed in another federal entity or abroad will be registered if they are registrable under the applicable provisions. Judgments delivered abroad will only be registered if ordered by a competent Mexican legal authority. This service is public, allowing anyone to access entries, notations, related documents, and obtain certified records.

Registrable Acts and Agreements

The following acts and conventions are subject to registration or notation:

  1. Titles related to ownership, possession, and other interests in land.
  2. Constitution, modification, and termination of family estates.
  3. Real property leases exceeding three years.
  4. Marital property agreements and their amendments/termination.
  5. Appointment of representatives for absent individuals and judgments declaring absence or presumed death affecting property.
  6. Establishment, modification, and termination of civil associations and societies, including appointment/revocation of representatives.
  7. Terms, modifications, and termination of private charitable foundations.
  8. Judgments, administrative decisions, or arbitration awards.
  9. Recognition of testamentary heirs and appointment of executors.
  10. Cases of intestacy.
  11. Other securities expressly ordered to be registered.

Effects of Registration and Notation

Registration is declarative, not constitutive. Rights arise from the legal act, not the registration itself. However, unregistered acts and agreements have no effect against third parties. Multiple registrations in favor of different persons are possible, unless they are joint owners. Registration does not validate invalid acts or agreements. Registered rights are presumed to exist and belong to the registered owner. Seizures from personal actions are registered only under specific conditions (Article 2182). Seizures from real actions are registered even if notices are recorded or registered under different names. Notaries and judicial authorities must request a certificate from the Public Registry before formalizing acts or agreements related to real property. This certificate should state the existence of any charges, restrictions, or notations affecting the property.

Notices and Deadlines

A preliminary notice, valid for ten working days, must be given to the Public Registry. A final notice must be given within two business days of completing the act or agreement. The effective date of registration depends on the timing of these notices (Articles 2180, 2182). Specific rules apply to seizures and impoundments related to personal actions.

Registration Procedure and Requirements

Anyone with a legitimate interest can request registration through a notary or the authority that approved the deed. Required documents include:

  1. Public testimony or other authentic documents.
  2. Legally certified judicial rulings and decisions.
  3. Seizures and impoundments by administrative authorities and related collateral.

Registrars are responsible for qualifying the documents and may refuse registration under specific circumstances (e.g., non-registrable acts, formal defects, incompatibility with existing entries, etc.).

Content of Registrations

Registrations must include specific information (location, boundaries, nature of rights, value, parties involved, etc.). Upon registration, the title or document is returned with a certificate.

Extinction of Registrations or Notations

Registrations or notations are extinguished by cancellation due to transfer of ownership or by judicial decision. Cancellation can be total or partial, depending on the circumstances (e.g., extinction of property or rights, invalidity of title or registration). Cancellation by agreement requires the parties to be legitimate owners with the capacity to contract. Specific rules apply to the cancellation of preventive inscriptions (Article 2184).