2010-12-01-What is a "Nota Simple?"

INFORMATION FROM RTN. DECEMBER 2010

What is a 'nota simple'

A 'nota simple' is a certificate given by the Property Registry which contains a full description of the property. This description should include the following information:

■      outstanding    debts (mortgages, embargoes, etc)

■      full name of the current owner

■      boundaries of the property

■      total square metres of the property (house + land)

■      classification of the property

■      rights that others may have over the property (eg public paths, railway lines, pipes or     waterways).

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WHAT IS THE FIRST DOCUMENT WE HAVE TO ASK FOR FROM THE SELLER OR THE ESTATE AGENCY ONE WE HAVE DECIDED TO BUY A PROPERTY?

Once you have chosen a property, you should request a copy of the seller's title deed or deed of sale. It is possible that the seller (owner) acquired the property by sale, inheritance, sale by judicial auction, exchange, donation, marriage settlement, etc. so it is necessary to make sure that the seller's title deed is a public record[0], i.e. a notary deed.

In Spain, only those documents signed before a Notary may be registered in the Land Register.

If the seller gives you a private document you should be particularly careful as it is possible that the person who is offering the property for sale is not the same as the one in whose name the property is registered in the Land Registry.

Furthermore, as long as the seller does not register the property in his/her name in the Land Registry it remains open for the enforcement of any type of charges, embargoes, mortgages and even in favour of other people.

Having said that, if you don't know Spanish you should take the public title deed to a lawyer so that he/she can study it in detail and check the current legal situation of the property being sold in the Land Registry, i.e. if there are any charges, attachments, mortgages or anything which affects either the value of the property or the ownership of the person who is offering the property for sale.

If the seller gives you a copy of his/her public title deed, you should check whether this title deed has been submitted for registration in the Land Registry.

Make sure that the corresponding capital transfer tax (Impuesto de Trasmisiones Patrimoniales) has been paid.