Where is real estate regulated?
Real estate is regulated in the Spanish Civil Code, Book II (On goods, property and their modifications), Title I (On the classification of animals and goods), Chapter I (On real estate), article 334.
How is real estate defined?
The legal Spanish dictionary states that the concept of real estate is defined as soil and subsoil that include land, roads, mines, living and stagnant waters (immovable by nature); and also all those things permanently attached to the ground or a property, such as buildings, trees, ornaments, nurseries, etc.
What are real estate?
The legal system includes a list of those assets that are considered real estate in article 334 of the Civil Code:
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1. They are real estate:
1. The land, buildings, roads and constructions of all kinds attached to the ground.
2. Trees and plants and pending fruits, as long as they are attached to the land or form an integral part of a property.
3. Everything that is attached to a property in a fixed way, so that it cannot be separated from it without breaking the material or deteriorating the object.
4. Statues, reliefs, paintings or other objects of use or ornamentation, placed in buildings or estates by the owner of the property in such a way that reveals the purpose of permanently attaching them to the property.
5. The machines, vessels, instruments or utensils intended by the owner of the property for the industry or exploitation carried out in a building or property, and which directly contribute to satisfying the needs of the exploitation itself.
7. Fertilizers intended for the cultivation of an estate, which are on the land where they are to be used.
8. Mines, quarries and slag heaps, while their matter remains attached to the deposit, and living or stagnant waters.
9. Dams and constructions that, even when floating, are intended by their purpose and conditions to remain at a fixed point on a river, lake or coast.
10. Administrative concessions for public works and easements and other real rights over real estate.
2. Animal nurseries, dovecotes, beehives, fish ponds or similar hatcheries are subject to the real estate regime, when the owner has placed them or keeps them with the purpose of keeping them attached to the property and forming part of it. a permanent way, without damage of the consideration of animals as sentient beings and the special laws that protect them.
Article 334 of the Civil Code
What happens when transferring real estate?
If you wanted convey possession or ownership of real estate through sale, legacy, donation or other disposition, we must resort to the literal meaning of the following provision of the Civil Code:
When in sale, legacy, donation or other disposition in which reference is made to movable or immovable things, its possession or property is transferred with everything found therein, cash, securities, credits and shares will not be understood to be included in the transfer. whose documents are found in the thing transferred, unless the intention to extend the transfer to such values and rights is clearly stated.
Article 347 of the Civil Code