Deeds of sale signed in the presence of a non Spanish Notary

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23 Sep 2008 12:00 AM by spanishsolicitor Star rating in Murcia. 140 posts Send private message

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Is it possible to inscribe deeds of sale signed in the presence of a non Spanish Notary in the Spanish Land Registry  ?

As set out in Section 4 of Ley Hipotecaria it is allowed to inscribe such titles and its efficacy must be recognized . If the requirements established in section 36 of Rto Hipotecario are met the Chief Land Registrar has to register that property transaction.

Notaries and Land Registrars in Spain have been rejecting those deeds over and over claiming certain differences between national rules governing conveyance matters. That attitude has been hampering the sound operation of the internal market aimed by Member States of EU

As a Land Registry refusal can be challenged at Court, judges currently are ruling even in appeal against this monopolistic legal doctrine which is a contradiction of what European citizens are demanding  in terms of greater competition and liberalisation

Hard times for Spanish notaries, they are being affected by the current real estate crisis and they face eventually the implied consequences to achieve the necessary cooperation in civil matters on the European single market

This message was last edited by spanishsolicitor on 9/23/2008.


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