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Nota simple

How works the legal Spanish real estate system ? Each property in Spain has a Title Number in the Land Registry and chronological entries concerning the property that affect any right of disposal. The Land Registry has the last word in proof of ownership

What is Nota simple and what information show ? A simple (non-certified) note is a succinct extract of the contents of the entries concerning the property. It identifies the property, the proprietor/s of the registered rights pertaining to the property, and the breadth, nature and limitations of those rights. It also states any prohibitions or restrictions binding the registered owners or rights. A simple note is for your information only and is not valid legal proof.

What search options I have for make a request of Nota simple ?

  • Search by particulars of registration
    In this type of query, you have to enter the Property Registry your request refers to, plus the name of the town/city, registration number of the property, and the ordinal number (1st, 2nd, 3rd) of the sub-property, if there is one. In this type of search, it is possible to request continual tracking of a property. With this continual tracking, any user can ask to receive one of the following options for 10 calendar days:
    Receive e-mail daily informing you that there have been no changes in the property.
    Receive e-mail containing the pertinent registration information if any changes are made on the registration folio or property you designate.
  • Search by owner
    You can conduct this type of search if you have the owner's full name, partial name or personal tax number.
  • Search by other particulars
    This type of query allows you to search for properties when all you know is their location (such as street name), although you do have to know what town/city and Property Registry to check. For many towns and cities, a street guide is available to help lead you to the correct Property Registry.

What happens if between I obtain a Nota Simple and I sign the Purchase Contract the vendor inscribe a new charge in The Land Registry or modify the legal status of the property ? This new encumbrances be attached to the property, for this reason is convenient to subscribe request continual tracking until completion date

What happens if in the Nota simple appears mortgages or any charges but the seller show me the bank certificate of the debt paid in full ? The seller must inscribe in the Land Registry the cancellation of the debt. After, we could request a new Nota Simple and check that the property is free of any charges

Against what or who are registered this charges ? Against the property rather than persons, sometimes this means that if the property is sold, this indebtedness is transferred to the new purchaser who will be legally responsible.

What is Certificado de Dominio y Cargas ? It is a certificate in which the head of the Land Register office certify the situation of the property thoroughly updated. It is more expensive than the Nota simple and usually more accurate and carry the absolute guarantee of the certificate.

How long does it take for the Land Registry to update the title details for a property once they receive notification of any modification of the rights of the property ? Some days so if you want to avoid this gaps you have tu ask for Certificado de Dominio y Cargas because always is update.