For the Mortgage Law can only register a right if we acquire it from who appears in the Property Registry with faculties to transmit it. We can distinguish several possibilities:
1.- That the farm is registered in the name of the person who transmitted it to the person who sells me.v
In this case it is necessary to register the title of the previous owner, making the necessary arrangements so that this title is registrable, and then I can register my own.
2.- That there are several entitlements to register between the registered owner and me.
In this case, it will be necessary to resume the tract, that is, to restore the chain of entitlements by presenting all the unregistered intermediate titles in the Registry. If this is not possible, it will be necessary to resort to the domain file, which establishes the only possibility of resuming the successive tract lost through the Notary.
3.- That there has been a double sale of the same property and therefore is registered in the name of a third party who acquired it from the previous owner who also sold me.
We would be before a case of DOUBLE SALE of the same property. If the person who appears as the owner in the Registry acquired in good faith and onerous title of the person who was the registered owner and registered the property in their favor, I will have no other recourse than to claim economic compensation for the damages suffered to the person who fraudulently sold me. and I will not be able to register my ownership in the Registry. If there is a crime, I will also have a criminal action, if applicable.
In order for the owner of a real right to enjoy the registration protection, it is essential that the property on which he falls is registered. Therefore, any owner of a real right on non-registered property owned by others may request the registration of the property so that they are not harmed