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Buying and Living in Spain

La Escritura - Registering your property

La Escritura is the title title document (title deed) proving who the owner of the property is and containing a detailed description of the property itself. It is, under Spanish law, necessary for the escritura to be signed by the seller and the purchaser before a Spanish public notary (notario) in order to make it legally binding, this will be handled by your solicitor. Do ensure that the person signing as seller is the one who can transfer valid title.

The land registry is an extremely important office for the property purchaser, nearly all land in Spain is registered. Any mortgage on the property must be registered there, and the true owner of the property is listed. Once it has been registered no one can make a valid claim to have a better title than you unless such title has been registered before yours.

Several months can elapse before the process of registration is concluded, but as soon as your lawyer is notified that the deeds are ready he will have them collected, check them and then forward them to you.

Registration and notary fees are usually payable by the purchaser unless the parties otherwise agree.

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