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last update: 1/2008
Definition of Ownership
In many ways the land register (Registro de la Propiedad) does not truly reflect the true ownership of a property. Hence a discrepancy can arise between the actual ownership and the so called book owner; although the position of ownership in the land register is based on presumption of Act of Good Faith. This means, that he, who receives the ownership from the book owner acting in good faith, when there is a dispute with regard to ownership. The Spanish Ownership definition is defined in
paragraph 348 of the Código Civil as follows: "Ownership is the right, to use and dispose of something without restriction other than those laid down by the Spanish Law. The owner/proprietor has the right to demand what is his from the possessor." Different folks, different strokes. Spain is different to Germany and this also applies to the ownership of property. The end of line in both countries is that ownership is honoured to the individual whose name is entered in the land register; but the ways are different like the way that title deeds are executed in Spain.


Mallorca Office: Pto. Andratx, C/ Esparaguera 20 - Urb. Can Borras • info@mallorca-domizil.com   Tel: +34 630 826 124   Privacy