How to register a donation of property in the land registry?

The donation is a legal transaction whereby a person transmits property gratuitously in favor of another.

The registration of the public deed in the land registry is a process which, although not mandatory, it is highly recommended to avoid problems with third parties in a  future.

To make a valid donation of property a public deed must be done, stating a detailed report of the property donated and the value of the donated properties and the burdens the grantee must satisfy.   It should state the acceptance by the grantee (if not personally then through an authorized person empowered to do so by power of attorney) or be accompanying the public deed diligence (the donation does not by itself obligate the donor nor does have any effects on him if the property is not accepted). In any case, the acceptance must take place while the donor is alive.

It is possible to donate the bare ownership to a person and the usufruct to another.

They property cannot be donated to incompetents, minors - except for goods of scarce value - or persons declared to be in an insolvency proceeding.

The settlement and payment, where appropriate, of the Donation Tax (in the autonomous community in which the property is registered) and the Municipal Added Value Tax  (also called Plusvalía Municipal) must be certified.   The term in the Balearic Islands is of 30 working days from the signing of the notarial deed.

Since the registration of the donation in the registry, it will appear in the property’s simple note.

The donation is irrevocable, except in specific cases such as, the donor not having children before the donation but having them after it, or in case of grantee showing his/her ingratitude to the donor. Such revocation shall be included in the public deed and/or court ruling and will have to be carried out also in the land registry.

Anna Álvarez Escardó
Illeslex Lawyer

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