How do you retrieve a lost ‘original’ notary Title Deed in Spain?
Dear clients and readers,
We receive a lot of enquiries from people who as a result of an inheritance or simply because they wish to sell their house. They have lost their original deed, and they ask us how they can get the “original” title deed or a copy in Spain. Therefore, due to the interest in the subject, I have considered it appropriate to comment on our weekly post.
So, what is the difference between the “original title deed”, an “authorized copy” and a “simple copy” in Spain?
A).- THE SIMPLE COPY
When a new deed is signed, it often happens that the notary or the Solicitor will forward to the client by email (usually immediately after completion). A “simple copy of the deed” printed on normal paper without seals and without the signatures of the parties, (that is the buyers, sellers and the notary). It does not have the notary’s signature and is. It is a document with no binding evidential value.
This document mainly contains the most important pages of the deed, and we usually use it for minor administrative changes such as; transferring the utility service contracts, the owners’ Association, or registering at the “Padron’s town hall” etc.
It is important not to confuse the simple copy with the “original” (and signed deed), which will be safely kept by the notary (and his protocol successors).
B).- THE AUTHORIZED COPY
Finally, an “authorised copy”, or Copy of the Original Deed. (“Copia Autorizada” in Spanish) is the document presented to the Land Registry office for registration, usually a few days after completion. This deed is issued on sealed paper, signed by only the notary and also bears a seal) of the notary. And is normally stapled in a cardboard cover with the notary’s details.
Bear in mind that it is perfectly possible to request the notary for either a simple copy or an authorized one. (obviously knowing the protocol number of the notary will speed up the application considerably). The only difference lies in the cost, which will be sensibly higher in the 2º case.
We usually advise our clients to apply for a simple copy together with a copy of the land registry certificate (“nota simple” in Spanish). With these two documents as well as the latest local rate tax (IBI) it would be perfectly possible to deal with any inheritance or conveyancing case.
C).- HOW TO CONTACT US FOR FURTHER SPECIFIC ADVICE?
We hope you find this information useful. Remember that this is not intended to be specific legal advice, just a general overview. As independent lawyers, we can help you both by assisting you with all conveyancing, Wills and inheritance issues as well as carrying out a comprehensive background legal analysis on your consultation or problem, if required.
Should you be interested in receiving more specific information or simply get an independent 2º opinion, (either about this particular subject or any other), you can contact our firm several ways:
1).- Call us or send us a WhatsApp now at (0034) 687 88 88 73.
2).- You can also use our e-mail form at the top of the sidebar of your screen, or alternatively, you can send us an e-mail to info@bestsolicitorsinspain.com
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Finally, thank you very much for your attention, and in case you might have any questions or doubts at all, again please do not hesitate to contact us. We would like to stress the point that you will be in good hands, and you can be reassured that we will look after your interests in the most committed and professional way.
We look forward to helping you and the benefit of our “know-how”.
Kindest regards.
Mr Oscar Ricor
“NON-PRACTISING ENGLISH SOLICITOR IN ENGLAND AND WALES”, under the “Solicitors Regulation Authority” (SRA) SRA number 519196 and practising Spanish Solicitor
