After the purchase of a property in Spain, it is necessary to register it with the local Land Registry (Colegio de Registradores de la Propiedad, Mercantiles y de Bienes Muebles de España – in Spanish). The Spanish Land Registry has over 1,000 offices all around the country and it has a large database containing the names of the owners and details about every plot in Spain. Our team of Spanish lawyerscan assist foreign nationals with more details on the process of registration applicable in this case.
Information about lands in Spain
If a foreign investor or a foreign individual wants information about a certain land in Spain that may be an opportunity for investment, he or she may ask for detailed information at the local Land Registry. The foreign entrepreneur may find details about the owner of a certain land and other useful information for a due diligence procedure before the purchase. The buyer may find if there are any restrictions related to purchase of the land. Although the due diligence procedure is not mandatory, it is recommended to perform this action to verify if the certain property or land may have hidden flaws.
Below, we present more details on the Land Registry in Spain:
The Land Registry will issue a certificate related to a property which contains information about a certain territory and this can be used in the Spanish courts, if it may be necessary. You may find out details about the ownership history, exact size, its delimitation, a full description of the property, the title deeds of the previous owners, charges, mortgages, limitations and other details which may be of interest.
The Spanish lands are not available only in Spain, but also in other regions, such as the Balearic Islands, Canary Islands, the north of Africa (two towns – Ceuta and Melilla), as the Spanish government has sovereignty over these territories; our team of Spanish attorneyscan provide more details on the specific legislation applicable in these areas.
The main advantage of registering a land in Spain
After the purchasing procedure and registration are completed, the ownership rights are transferred to the person who has bought the respective property.
It is important to know that the rights of the owner are protected by the Spanish law and, if it may be necessary, such rights can be defended in the court, based on the documents received from the Land Registry and other entities which can testify the validity of the new ownership.
The registration of a land protects a propertyfrom being sold twice or being sold under unlawful conditions. There were certain issues related to the ownership of lands in southern Spain, so it is very important to register a land immediately after you purchase it.
The foreign entrepreneurs interested inbuying a property in Spain have access to information services of the Spanish Land Registry from where they can found out details about a certain land in exchange for a fee. The information can be translated into English.
The Land Registry in Spain is an institution subordinated to the Ministry of Justice; it is important to know that the registration procedure is started by the person who is interested in purchasing a property here.
Those who need more details about the purchase procedure of a Spanish property and the way in which it can be registered with the Land Registry, cancontact our law firm in Spain. Our Spanish attorneys will explain all the procedures for purchasing land and they can provide a real estate due diligence.
I strongly reccommend to perform due diligence procedures, especially when the buyers are foreigners who are not familiar with the local language or with the applicable legislation.
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