Real Estate Law, Land Registry and Property Conveyancing
Core concepts
Master property transfer mechanics: title, form, registration, and opposability to third parties. Understand the land registry principles - publicity, legality, priority, and the presumption of accuracy of registered facts. Conveyancing requires checking title chain, encumbrances (mortgages, servitudes), and cadastral/identification data. Distinguish transcription of acts from registration of rights.
Traps in questions
Traps include assuming registration creates ownership (it generally publicises and protects, but the contract transfers); confusing priority (first registered prevails) with chronological signing; and overlooking that a mortgage registered binds later buyers. Questions also test whether missing registry data invalidates the deed - usually it affects opposability, not validity between parties.
Rule of thumb
Check the registry before you draft. A clean deed over encumbered land still carries the encumbrance; the notary must warn the buyer.
Worked example
A buyer purchases land with a registered mortgage. The sale deed is valid, but the mortgage survives and binds the buyer unless discharged; the notary must disclose this and the buyer takes subject to the registered charge.