I need to find out about properties in spain - how can you trace the
owner of a property - does spain have a land registry as they do in
england and wales - how do i go about finding out this information
The Land Registry is called the Registro de la Propriedad. You can
find some information in English about the system at the Spanish Land
Registry web site at
http://www.corpme.es/ingles/comunes/frames.html?objeto=turbina0N2&opcion=0&elem=0
However, note the following question and answer: "Q. Is entry
obligatory? A.
No. In Spanish law entry is voluntary." Therefore, there is a small
chance that there is no entry for the property in question.
Consultation of the Land Registry is only permitted to people whom the
registrar deems have a justified interest, eg if you are wishing to
buy a property. Therefore, there is no automatic online access. The
site says that information may be obtained by: "a) Going in person to
any registry
b) e-mailing the particular registry where the immovable property is
registered."
On the same site, there is an English language publication, "How to
buy a home in Spain, step by step" which is available in pdf format:
http://www.corpme.es/guias/compings.pdf
This gives more information about the Registry. "a) The simple
informative note [in Spanish this is called the "nota simple"] This is
the most common, cheapest and quickest way to know the contents of the
Registry... ...The consumer will have information regarding the
description of the home, its location, its situation, area, share of
common property in the horizontal property, administrative system
which may affect it (officially protected homes), and annexes, if any;
mortgages that may encumber it along with its duration and the figures
of capital, interest and costs; embargoes
and other annotations such as suits, and warnings of the litigation
situation of the property; tax charges, and in general, the
information needed for the purchase transaction."
However, among the information that is excluded is: "personal data
that are
protected by the law, such as the address, expired criminal embargoes,
references to marital or extramarital birth, or the religion or
beliefs of the owner, as the main ones."
"b) Certificate of ownership and encumbrances. This is the most secure
way of knowing the contents of the Registry since it guarantees, under
the Registrar’s certification and responsibility, the only public
official with the
authority to certify the results of the Registry books, that the
certification coincides fully with the contents of the Registry
entries. Normally,it is accompanied by a copy of the registry history,
excluding protected personal data
referred to earlier. It is considered a public document, in contrast
with a simple note, which is a non-certified private document."
"d) Verbal advice.. ...the Registrar is obliged to verbally inform any
person requesting such information, and to advise that person in
matters regarding
the Registry... ...To this task, the Registrar must dedicate at least
two hours a day, and in contrast to written reports, which are subject
to fees, verbal information is free of charge."
The Central Headquarters of the Land Registry is at: calle Pr ncipe de
Vergara, n 72-1 , 28006 Madrid
Toll-free information number: Consumers and users can call a toll-free
information number, answered directly by a Registrar. The number is
900 10 11 41.
The headquarters can supply a user's guide about using the registry,
and also a registration guide which has information on all the local
registries (there are approximately 1000). It is not stated whether
these guides are available in English.
The Registry has also established an information office in Brussels,
specifically to provide information for foreigners by telephone, fax
and email, and English is one of the working languages. The contact
details are:
Association of Property and Mercantile Registrars of Spain
Square de Medus n 19 3 tage
1050 Bruxelles
Tel: +32-2-280 14 45
Green line: +800 96 290
Fax: +32-2-280 16 12
E-mail: corpme@corpme-bru.com
You might be interested in the brief guidelines to buying property in
Spain at http://www.fopdac.com/Spain/buyingin_spain.htm, the web site
of the Federation of Overseas Property Developers, Agents and
Consultants, 3rd Floor, 95 Aldwych, London. WC2B 4JF, Tel: 0208 941
5588, Fax: 0208 941 0202, Email: info@fopdac.com
It is usually considered advisable to have proper legal representation
when buying property in Spain, because the system is complicated and
language barriers can cause difficulties.
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