The Title Deeds in Spanish Law 
The Deeds are a public document notarized. In our law there are very few cases in which the deed is mandatory. There applies a general principle of freedom of form, but although the Deed is not required to grant a sale itself is very desirable because it has very powerful effects, specifically regulated by laws that far exceed what we can produce by a private document, and notary’s performance also gives extra safety and effectiveness in containing the writing business that is the right vehicle for registration of housing in the land registry.
• Authentication purposes: a sale grantors declare to the notary public in writing, their willingness to sell and buy and the conditions of the former, and the notary collects under your faith these statements. Therefore it is said that the deed is reliable, that is, faith by itself does. A private document is not reliable. Hence the importance that common knowledge is given to that evidence be given ‘before notary’.
• Legal certainty: The notary is not limited to attest, but their performance provides legal in the sale, through various checks:
1)Registration information before the completion and immediately after presentationof the Deeds in the Land Registry: the notary asks the Land Registry a briefing note stating who the owner of the property is.Once granted the deed of sale, the notary presents electronically the same day in the Land Registry.
2) Check payment or not the community fees: the buyer must apply for certification from the secretary of the homeowners stating that the seller is current in the payment of the community charge. The notary will request that certificate.
3)Cadastral data: The notary also requests certifying the cadastral reference number of the house, usually through the latest IBI receipt, which must present the seller.
David Lorenzo Spanish Lawyer UK
| Birchall Blackburn
dxlorenzo@birchallblackburn.co.uk www.spanishlawintheuk.co.uk
www.spanishpropertiesintheuk.co.uk www.birchallblackburn.co.uk
