Libro Cuarto Título II. De las inscripciones especiales

In the Property register the following registers shall be kept separately: agrarian pledge, wills and donations upon death, horizontal property, immobilized factories, vessels and aircraft, canals, docks, railways and other public works of a similar nature, mines and hydrocarbons, identifiable movable property and others established by special laws.

The registers of common pledge, of livestock, industrial and commercial pledge shall also be kept, the modalities of which shall be the subject of special provisions.

Without prejudice to the registration being made in the special books when the transactions refer to those specified in subsections 5, 6, 10, 11 and 12 of Article 1125, the immovables affected by such registrations shall be annotated.

Except for special provisions, the rules established for registration in general shall be observed in the registrations dealt with in this title.

When the things given in pledge are located in departments corresponding to different offices of the Register, the respective document shall be presented and registered in all of them.

In cases where no public instrument or final judgment exists for the cancellation or rescission of the pledge, the written request of the creditor and debtor before the registrar shall suffice, who shall draw up the respective record and carry out the corresponding operations.

When the judicial sale of pledged property occurs, the registrar shall cancel both the pledge registration and the annotation on the immovable or movable property supporting it, upon presentation of the certified copy of the judicially executed public deed of adjudication in payment.

In the register of wills and donations mortis causa, the following shall be recorded:

1°.In the book of open wills and donations mortis causa: the name of the testator or donor with all the identifications appearing in the will or donation; the place, date and time; the folio or folios corresponding to the protocol; the number and register of the stamped paper on which the original is drawn up; and the certification that the testator or donor signed, or the name of the person who signed at his request;

2°.In the book of closed wills: a complete copy of the record that protects the will;

3°.In the book of special wills: the same information contained in subparagraph 1° of this article, insofar as applicable; and

4°.The extension, revocation, nullity or insubsistence of wills or donations.

Upon the death of the testator, the certified copy of the open will shall be presented with a duplicate and certification of the death record so that it may be entered in the book of entries and endorsed.

Horizontal property shall be registered forming as many separate estates as floors or units the building has.

The certified copy of the deed giving rise to the first registration of the building shall be accompanied by a copy of the plans thereof and the plans of each unit or floor.

The plans must detail the location, dimensions and boundaries of the land, as well as a description of the building, including its water, electricity and any other services it enjoys; and a description of each floor or unit, its location, boundaries and data necessary to identify them.

The registration of the building, as the parent property, shall be made in the property under whose number the land appears registered.

Each floor, apartment or room meeting the requirements established by this Code shall be registered as an estate independent of the parent estate, and each of the new estates shall bear marginal notes of mutual reference.

The registration of the building in the parent property shall express the particulars that Article 1131 prescribes for every registration, insofar as they are applicable.

In the registration the common elements must be stated in favor of the person or persons who turn out to be the owner or owners of the whole building; and, where applicable, those corresponding to each floor, apartment or room, in the respective proportion.

Upon registration of a floor, apartment, or room, the same particulars indicated in the preceding articles must be stated. With respect to the share in the general or limited common elements, as applicable, corresponding to the holders, the registrar shall make a brief reference to the entry of the parent estate in which they appear registered.

For each floor, apartment, or room to be registered independently of the master property, it is indispensable that its construction be completed, which shall be evidenced by means of a certificate issued by the respective municipality or by the professional director of the work, which the notary shall insert in the corresponding public instrument.

When construction is not completed, the registration shall be provisional in nature and shall become final at the request of the interested party, attaching the certificate referred to in the preceding paragraph.

The proportional part or percentage in the common elements corresponding to the holder of each floor or unit is deemed transferred or encumbered jointly therewith, without the need to record such transfer or encumbrance of the proportional part of those elements in the parent estate.

The addition of new floors or the acquisition of new adjoining portions of land, carried out by all of the titleholders so that they form part of the common elements of the building, shall be registered in the parent property, with which the newly acquired parcels must be consolidated.

The total or partial cancellation of encumbrances affecting the building in general and of preventive annotations expressly referring to the building or to the common elements thereof in their entirety shall be recorded in the master property, leaving a marginal annotation in the subsidiary properties.

The registrations to which this Chapter refers shall be made with the requirements required for all kinds of registrations, insofar as applicable, and shall be noted in the margin of the registration of each of the immovables that they affect.

Vessels and aircraft, canals, docks, railways, and other public works of a similar nature, and the real rights affecting them, shall be registered in the central property register in the books intended for such property.

The registration of one of the mentioned works shall be made by the registrar upon presentation of the constitutive deed of the concession or contract, duly approved.

The first registration shall express the nature and description of the work and everything it comprises as necessary for its existence or exploitation, in accordance with the terms and conditions of the legally approved concession.

If the registration is made during the construction of the public work, it may be supplemented or rectified upon conclusion of the work or upon completion of each of the sections, presenting for such purpose an authentic certification recording that the competent public official acknowledges receipt of the work or of the section placed in public service.

As soon as the concessionaire legally acquires the land for the construction of a railway, canal, dock or works of the same nature, the titles of acquisition shall be registered in the manner prescribed in Article 1208.

Stations, warehouses, dams, bridges, aqueducts and other works that constitute an integral part of the way or canal, as necessary for its existence or operation, do not require separate registration, but shall be included in the general registration of the work; however, the rural or urban properties acquired by the concessionaire company that are separate from the way or canal must be registered separately with the conditions and requirements required by law.

The State's ownership over natural hydrocarbons in their different conditions, mineral coals and metallic mineral substances found in the subsoil is inalienable and imprescriptible and shall be registered with such requirements in a special book, forming a separate immovable from the estate in whose subsoil the respective deposit or mine is located. In the registration of said estate the dismemberment of ownership of the subsoil shall be noted and in the new property formed in favor of the State the number, folio and book of the property in whose subsoil the new immovable was formed shall be stated.

The useful domain of hydrocarbons, mineral coals and mines shall be registered in the same book, in favor of the concessionaires, with the conditions established in the respective contract which shall be set forth in a public deed, and likewise the transfers of ownership and real rights affecting them, which shall be governed by the common prescriptions, shall be registered.

The registration of an identifiable movable asset shall be made in a special book upon presentation of the deed or legalized document or legalized copy thereof in which the transfer of ownership is recorded and with the additional requirements established by the regulation of the Registry.

The first registration of a private ship or vessel shall be that of ownership thereof. To make this registration, the deed of ownership and a certified copy of the vessel's matriculation issued in legal form shall be presented. Any change of matriculation shall be recorded in a new registration.

The first registration of ownership of the vessel shall contain the description thereof, expressing the circumstances that serve to identify it.