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Firmalex > Latest posts > The House Purchase Deed in Spain

The professionals at Firmalex specialize in real estate consulting and can therefore advise you on the subject of house purchase deed (“Escritura” in Spanish) in Spain. This is a legal document that must be signed before a notary transfers ownership of a property from the seller/grantor to the buyer/acquirer.

Once the deed is signed, it is submitted to the land registry, so the ownership details can be changed. In Spain, Title Deeds are signed by the Notary and the buyer/seller (or Power of Attorney, if applicable). The Notary then keeps the document on file.

What does a House Purchase Deed include?

  • Personal details of the former owner
  • The personal details of the buyer
  • The details of the legal representatives involved
  • Details of the land registry office
  • Address of the property
  • Description of the property, which is usually obtained in the form of a nota simple
  • The price of the property
  • Cadastral price
  • Property taxes
  • Details of the mortgage
  • A breakdown of how the price is paid
  • Miscellaneous, including:
    • Certificate from the Community of Owners. This states that the property is debt free and up to date with all its community payments.
    • Cheques
    • Municipal tax bills
    • Copy of the license of first occupation

Difference Between a Property Deed and a Title

The major difference between a property deed and a title is the physical component. A deed is an official written document that declares a person’s legal ownership of a property, whereas a title refers to the concept of ownership rights.

Title is the legal way of saying that you have a right to something. For real estate purposes, title refers to ownership of the property, which means that you have the rights to use that property. It may be a partial interest in the property or it may be the whole. However, by having title, you can access the land and potentially modify it as you see fit. Title also means that you can transfer that interest or part interest you own to others. However, you can never legally transfer more than you own. Property deeds, on the other hand, are the legal documents that transfer title from one person to another. It must be a written document, and the deed is sometimes referred to as the vehicle for the transfer of the ownership interest.

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