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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche. www.costaluzlawyers.es

Legal tip 331. Farm houses- a business and a home IV
13 August 2010 @ 13:30

 

Now... you want obviously to be sure that the land and the house you are watching and which is said to be the object of your sale contract is what will legally be yours in documents and, most importantly, in the Land Registry.

And are wondering what the cadastral certificate and the Nota Simple are to this extent?

-The cadastral reference is the official and binding physical identification of a property. It is a twenty character code.


-A “Nota Simple Informativa", a much more important document that the Cadastral one is the ultimate ownership legal description and title. It is a document issued by the Land Registry that shows the most authorized legal information about physical data, legal title, description, location, charges, encumbrances, easements…of a particular plot. The Land Registry is public for those who demonstrate a legitimate interest in its consultation. There is a legal motto which says" What is not in the Land registry it is not in the traffic"


You will legally acquire or transmit what is on the Land Registry.


If Land Registry, Cadastre and reality do not coincide, it is advisable for you to start the adequate procedures for all these documents to coincide for your benefit and protection. You might need the aid of a topographer to this aim. Then, some legal procedures before the Land registry will have to be followed for your property to be registered in accordance with reality.

The most common two procedures before the Land Registry to match legal data with reality are “Exceso de cabida" procedure and "Obra Nueva" procedure.

We will explain about this in next post.

Have a great summer weekend!

Maria

 

 Benalauría, Málaga by Roberto Pecino at Flickr.com

 

 



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