legal procedures
All sales and purchases of property in Spain must be registered in the registro de la propiedad (property and land registry) www.registradores.org and the escritura de compra venta (title deeds) must be prepared by the Notary. (a public official employed by the state). www.canarias.notariado.org The deed is then signed by both the seller and the buyer at the Notary’s office in his presence.
A Notary is a lawyer appointed by the state who has had extra training and passed further examinations to qualify him for his role. His special duties cover a large range of legal matters. Apart from dealing with property transactions, The Notary oversees that Spanish wills are properly assigned, witnessed and registered. The Notary authenticates (notarises) official documents and certifies due service of all relevant legal notices.
The Notary is responsible for the creation and amendment of all deeds, and oversees that the documents fully describe the property in its entirety. He must also certify that the agreed declared purchase price has been paid to the seller (excepting authorized deductions – such as taxes) in the appropriate currency. He witnesses the signing of the deed and collects the fees. The deed is then sent to the registro de la propiedad (property and land registry) where the name of the purchaser is then registered. It can take some weeks (longer in busy periods) before the title deeds are returned from the registro de la propiedad (property and land registry) In the meantime an authorised copy is given to the purchasers usually within a matter of a few days after signing. Your representative will handle this for you in most cases.
If you have signed a purchase and sale agreement during a holiday or short visit and do not wish to return for the signing of the deeds, then you can appoint someone as your poder (power of attorney) to appear before the Notary and sign on your behalf. This person must be officially appointed by the Notary in a deed (poder especial de compraventa). This deed is prepared by the Notary as soon as you have agreed to buy and normally would be in the name of your representative or agent. The person you appoint will be limited to act in this one capacity for you and in no other matters. This is for your protection.
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