Land registry in Portugal (Registo Predial) – Legal certainty for buyers, sellers and heirs

The Portuguese land register (Registo Predial) makes the legal status of real estate public, thereby increasing security in real estate transactions. Among other things, it shows who the owner is, what encumbrances (e.g. mortgages) exist and which entries are current or still pending. The digital Certidão Permanente (permanent land register certificate) can be viewed online.

1) Legal nature of the register: presumption rather than acquisition of rights

The Portuguese land register is fundamentally declaratory: it does not create rights, but establishes a legal presumption that the registered right exists and is vested in the registered party in exactly the form defined by the register entry (Art. 7 of the Portuguese Land Register Act – Código do Registo Predial). This presumption can be rebutted by evidence to the contrary; however, it does not automatically extend to the area or boundaries of a property.

Effect on third parties: According to Art. 5 CRP, facts subject to registration are only effective vis-à-vis third parties from the date of registration. Who is considered a ‘third party’ within the meaning of this provision is specified by law and case law.

2) Key registry principles (selectio))

• Priority principle (Art. 6 CRP): In the event of incompatible rights to the same object, the right that was registered first applies (‘first registered, first served’).

• Trato Sucessivo (Art. 34 CRP): A new registration must be seamlessly linked to the previous registration of the seller (‘chain principle’). Exceptions exist in particular in the case of original acquisition such as adverse possession (Usucapião).

• Registration requirement (Art. 8 A ff. CRP): The law specifies which facts are to be registered and who is responsible for initiating the registration.

3) Certidão Permanente vs. Caderneta Predial

The Certidão Permanente is a legally binding and continuously updated online land registry certificate that contains all current entries and pending applications. It is valid for six months and is issued by the Conservatória do Registo Predial (IRN) – the Portuguese land registry office. It can be requested for a fee via the Registo/Predial Online portal, while access is free of charge with an access code.

The Caderneta Predial, on the other hand, is a tax document that shows the VPT (tax value) and all tax-relevant property characteristics (cadastral data). It is issued by the Autoridade Tributária (tax office) and can be downloaded free of charge by owners from the Portal das Finanças (online portal of the Portuguese tax authorities).

Practical note: The two documents are not interchangeable: The Caderneta is not proof of ownership; the Certidão Permanente proves ownership and encumbrances.

4) How do I check the land registry status?

1. Apply for a Certidão Permanente (online or in person) and view it using the access code.

2. Carefully check entries and pending applications (owners, mortgages, seizures, lawsuits, preliminary notices, etc.).

5) Purchase, gift, mortgage: registration requirement & legal consequences

• Purchase/transfer: Under civil law, ownership is transferred by means of a contract; however, the acquisition only becomes effective vis-à-vis third parties upon registration (Art. 5 CRP in conjunction with the priority principle). Anyone who registers later but first can thereby supersede an earlier but unregistered acquisition.

• Mortgage: Without registration, the mortgage has no effect, not even between the parties (Art. 687 Código Civil).

6) Inheritance: Do I have to register my right in the land register before selling?

Not necessarily. The law provides for an exemption from interim entries in the case of an undivided inheritance (Art. 35 CRP): a sale can take place directly, provided that the Habilitação de Herdeiros (inheritance entitlement) is presented and the Trato Sucessivo (complete legal succession) up to the testator is observed.

In the Caderneta Predial (land registry extract), the estate is usually listed under the name of the deceased with an addition to the head of the community of heirs (Art. 81 Código do Imposto Municipal sobre Imóveis).

7) Usucapião (adverse possession): Original acquisition and land registry

Usucapião is an original acquisition of ownership through long-term, public, peaceful and owner-like use. In the case of original acquisition, the requirement of Trato Sucessivo does not apply as it does in the case of derivative acquisition; in practice, a provisional entry is made until the requirements or the question of title (e.g. by judgement) have been clarified.

8) Not everything is in the register: easements, area specifications & legality of buildings

• Easements: Not every easement is registered. Statutory, old or acquisitive easements may exist even if they are not noted in the register. A missing entry therefore does not automatically cancel an existing easement.

• Area/boundaries: The register description is no guarantee of the actual area or boundaries. The courts emphasise that the presumption of Art. 7 CRP does not extend to physical parameters. For greater certainty, a survey (cadastre/topography) may be necessary.

• Legality of buildings: The description of buildings in the land register does not constitute proof of their legal compliance. The Registo Predial merely records what has been registered, but it does not verify whether the structures correspond to valid building permits or authorised uses. To confirm the legal status of any construction, it is essential to review the documentation held by the local municipality, including building permits, occupancy/use licences and any subsequent amendments.