The role of the registry lawyer in real estate legal certainty

Introduction

Legal certainty in real estate matters is a fundamental pillar of economic and social development. It enables property owners to exercise their rights without fear of uncertainty and allows investors to rely on the legality and stability of transactions. In this context, the registry lawyer plays an essential role by ensuring that registered acts and rights accurately reflect the legal and patrimonial reality of individuals and companies. Their work directly contributes to trust in the property system and to the effective functioning of the rule of law.

I. Legal Certainty and Its Basis in Registration

The principle of legal certainty requires that legal relationships be stable, predictable, and protected by the State. In real estate matters, this principle is materialized through the registration system, which grants publicity, enforceability, and legitimacy to registered rights.

Article 2012 of the Civil Code establishes that the content of the registry is presumed to be true and produces all its legal effects as long as it is not rectified or declared invalid by a judicial decision. This presumption of accuracy gives rise to public faith in the registry and protects third parties who rely in good faith on its contents. Consequently, the Land Registry becomes a key instrument for transparency, legal protection, and the prevention of conflicts in property relations.

II. Functions of the Registry Lawyer

The registry lawyer intervenes throughout the entire documentary and legal cycle of real estate transactions, from the preparation of the title to its final registration. Their role is not merely formal, but deeply legal and preventive. Among their principal functions are:

1. Preventive Legal AdviceThe registry lawyer reviews deeds, minutes, contracts, and registry records to detect inconsistencies, legal defects, or risks that could result in observations, nullities, or future disputes.

2. Analysis of Titles and Registry EntriesThey verify the chain of ownership, the validity of prior registrations, the existence of encumbrances or limitations, and compliance with both substantive and formal legal requirements.

3. Legal Qualification of Registrable ActsThrough legal qualification, the registry lawyer determines whether an act or right complies with the law and is suitable for registration, ensuring that only valid and effective acts enter the registry.

4. Protection of Third Parties and Public FaithBy ensuring the legality and accuracy of registry entries, the registry lawyer safeguards the principle of registry publicity and protects third parties who rely on registry information when acquiring rights.

III. The Registry Lawyer as a Guarantor of Legal Certainty

The role of the registry lawyer extends beyond technical registration. They act as a true guarantor of legal certainty by preventing conflicts before they arise and strengthening trust in the real estate system. Their intervention reduces litigation, promotes orderly property transactions, and contributes to economic and legal stability.

By ensuring that registry information is reliable, updated, and legally sound, the registry lawyer reinforces the credibility of the Land Registry as an institution and maintains the balance between private autonomy and public interest.

Conclusion

Legal certainty in real estate matters would not be possible without a solid registration system and the professional intervention of the registry lawyer. Through preventive control, legal qualification, and the protection of registry publicity, the registry lawyer ensures that property rights are clear, stable, and enforceable. In doing so, they play a crucial role in safeguarding legal certainty, fostering trust in transactions, and supporting the development of a secure and transparent property market.