ive lost my escritura

Hi Mark

I assume you do still have a copia simple so you can prove ownership ? Don't you think contacting Land Registry office relevant, they'll advise. Ask your lawyer ! The escritura (your property deeds) are very important & should be with your lawyer. (That's why ours is in a box of stuff to do with Spain, under our spare bed I must take my own advice.)

http://www.spanishpropertyweb.com/P/Purchase.htm

Taken from above .. (as Rixxy mentioned)

Escritura Publica.
The most basic paper of all is your title deed. This shows the registered owner on record with an incontestable title. The original title deed is always filed at the Notary, so you will receive an authorised copy. Unlike some systems of property registration, in Spain it is not the piece of paper itself which counts but it is the inscription in the Registro de la Propiedad, the property registry office. If you lose your deed, you can always get another copy from the Notary. Listed on the inscription in the property registry are any liens, charges or mortgages against the property. Back taxes however are not listed. A prospective purchaser will need to get a Nota Simple from the registry, which is an extract showing the basic information and any charges against the property. However, it would be wise to see a copy of the full title deeds as well.

 Hi all,

An elderly friend of ours is trying to sell his apartment.  The only trouble is that he cannot produce the escritura and he tells me that he cannot now be sure if he ever had it.  He does not feel he can return to Spain and as I live in Spain, he has asked if I can try and get it for him.  But, as I said to him, I can hardly tip up at the notary and expect them to hand me a copy.  Can anybody tell me the procedure please?

 You, or your friend, needs to contact a solicitor.  They can access escrituras online now.  Quite a simple procedure.  Ask your friend who their original solicitor was and proceed from there.

Why would you want to incur solicitors costs? The whole system in Spain is designed to work without them.

First go to the local land registry in your town and ask for a Nota simple for the property (anyone can have one of these for any property they are interested in). Costs about €10

Take this to the Notary where the property was purchased and they will be able to print you an authorised copy of the original which never left their office and is available on their server. See earlier post. Should cost less than €100.

You can get most property information online at the Land Register some is free and some has to be paid for.

To save costs ask for a Copia Simple at the notary where it was

originally signed.

I have just done it for no charge

They usually only charge if you want it Notarized (signed by the Notary)

this will be about 100 euros.

 Wow, that's a brilliant help.  Thank you one and all!

I have actually got his 'Nota Simple Informativa' and his name and NIE number is on it.

So does the team think ... that he is OK with that as proof of ownership.  And that presumably he will only need the Notarized version when he sells it.

Thanks!

No there is a list of documents that you have to give to the agent when you place the property for sale.

But of course this is Spain so nobody does!

It's a while since I sold a property (without using a solicitor, by the way!) so of course things may have changed, but I thought that an up to date (no more than 3 months old) informativa was sufficient? If you don't have an up to date one, you can order one online from the land registry here: https://www.registradores.org/registroVirtual/init.do Used to cost about 15 euros I think.

JohnKath "No there is a list of documents that you have to give to the agent when you place the property for sale.

But of course this is Spain so nobody does!"

Not correct.  In many parts of Spain, it is true that there is no law regulating the real estate industry and anyone may, quite legally, act as an intermediary in property sales. However, the Regional Government in Andalucia passed legislation in 2005 which affords purchasers a considerable amount of protection. Under Andalucía Decreto 218/2005, an estate agent must now provide details specified in the decree free of charge in respect of every property that they are offering for sale or rent.

This includes a breakdown of the total cost including the seller's price, the agent's fees, taxes and other costs; documentary evidence of ownership and details of any mortgage, other charge or embargo on the property through a copy of an up to date extract from the Property Registry; copies of latest Council tax bill and community charges if they apply. They also must display prominently in their offices at least two notices explaining customers' rights.

So if you are in Andalucia you can expect to be asked for documentation the day an agent takes on your property.  But a nota simple should suffice - doesn't ask for the escritura.  This is because an escritura only proves that you own the property on a certain date.  There may well be subsequent escrituras.  But don't use an agent who doesn't show the decreto notices. He is in breach of the law and liable to a substantial fine if reported.  Plus any knowledgeable purchaser will give such an agent a wide berth anyway.