Marginal note – What is it, definition and concept

The marginal note is an accessory annotation that is made in the public, civil or property registry, attached to a main annotation that already appeared in said registry. It records any type of change in the configuration of the registered right.

That is, the marginal note is added information that is recorded in the relevant public registry to complement the information that constituted the main entry. This main entry is known as the main entry.

The marginal note is known by that name because it is complementary information and because it is information apart from the main one. It can be used both for modifications and to relate seats between them.

Margin Note Examples

To better understand it, let’s see an example of each record.

Example in the property registry

A property deed is recorded in the land registry and this deed is recorded in a principal entry.

In this entry, details of the property are recorded, such as square meters, number of rooms, heights and, of course, the owner.

If after some time this property undergoes modifications, for example, one more room is added, this must be recorded in a public deed.

For this, a main entry is not opened again, but a marginal note is made. That is, additional information to the main and initial entry of that property deed where it is recorded that on a certain date the house was extended with one more room.

Example in the civil registry

A main entry in the civil registry is the birth of a person. A marginal or supplementary note would be marriage, name change, or your own death.

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Characteristics of the marginal note

The main features are:

  • It is a registration entry, that is, it is a deed in a public registry.
  • It may be registered in the Civil Registry or in the Property Registry. It depends on the information contained in this marginal note.
  • This note depends on the main seat. If in the previous example (of the property registry), a new ownership of another owner of the dwelling is registered, the marginal note must also change his ownership.
  • It is registered in another registry folio different from the main entry.
  • It is regulated by the laws of public records and the mortgage law.
  • The side note may be the cancellation of the main entry.

Types

There are different types of marginal notes:

  1. Registry operating notes.
  2. Official notes registered by the registrar.
  3. Certification issue notes. These notes are what people ask for when they have to certify something. For example, the death certificate for the opening of a will.
  4. Condition notes. In the property registry, it will mean that the property is affected by the fulfillment of an obligation. They usually refer to the fiscal condition (payment of taxes).
  5. Grant or license award notice.
  6. Notes of modification or cancellation.
  7. Preventive Notes. These warn third parties of the existence of circumstances that may affect the registered right. For example, the annotations of preventive seizure.

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