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Rights and registration

Rights

What types of holding right over real estate are acknowledged by law in your jurisdiction?

The property right grants its titleholder the ability to use, enjoy and dispose of land. However, there are other rights (eg, usufruct, easements and mortgages) which grant the titleholder a restrictive right over the land.

Are rights to land and buildings on the land legally separable?

The law regulates what happens when a party builds on another party’s property with no previous agreement between the parties and when building materials are permanently affixed to the ground. The legislation applies the principle in which the accessory follows the principal (ie, the land).

Which parties may hold and exercise rights over real estate? Are there restrictions on foreign ownership of property?

The parties which may hold and exercise rights over real estate include those that have a right over land (eg, property right, easement, mortgage and usufruct), are in possession of the property or have at least mere possession over it. Foreigners face certain restrictions when acquiring property, especially properties located in bordering areas.

How are rights, encumbrances and other interests over real estate prioritised?

It depends on the type of right, the preference that the parties give to that right, and the date of its registration.

Registration

Must real estate rights, interests and transactions be registered in your jurisdiction? What are the legal effects of registration?

In order to transfer a property or create, among other things, a right of usufruct, use or mortgage, the title must be registered in the Real Estate Register.

What are the procedural and documentary requirements for entry into the national real estate register(s)? Can registration be completed electronically?

In general terms, the most important requirement is that the transfer title must be granted by public deed. There is no national real estate register, each department or geographical area has its own register; therefore, the title must be registered in the Real Estate Register where the property is located. Registration cannot be completed electronically.

What information is recorded in the national real estate register(s) and to what extent is such information publicly available?

The most important information regarding a title is recorded in the corresponding Real Estate Register. The registration must contain:

  • the date of registration;
  • the nature of the title, its date and details of the public notary where the original title was granted;
  • the first names, surnames and addresses of the parties;
  • the name and boundaries of the property;
  • the signature of the real estate registrar; and
  • information regarding the property’s previous registration.

All registrations are public and anyone can request copies.

Is there a state guarantee of title?

There is no state guarantee title in Chile, which is why it is important to request professional due diligence of a property. This typically involves a review of:

  • all titles, property registers and documents;
  • the owners;
  • the urban conditions; and
  • other regulatory conditions.

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