Mallorca property - the land register extract creates security
For the purchase of a property in Mallorca, various documents are important. One of these is the nota simple informativa, the official land register extract. This document is issued by the Spanish land registry (registro de la propriedad).
Although the nota simple is a legal document, it has no legal value for any evidence in court. Nevertheless, the importance of the nota simple informativa should not be underestimated. As the name suggests, the document serves to provide information. This is particularly important for the buyer.
The land register extract contains the identification number of the regional real estate register, an identification number of the property and a nationally valid identification (identificador único de finca registral). The identification number has nothing to do with the referencia catrastal that appears on the municipal tax assessment notice. It is important to know that the entries are not entered by definition, but in chronological order, regardless of their scope.
Basic information about the property
The nota simple first contains information about the property itself: Is it a plot of land, a house, a commercial property or a warehouse? The use of the property is also described (residential, commercial, agricultural, etc.). The address and number of square meters are also included.
When writing the description, you should bear in mind that it may be inaccurate or outdated. Many owners have made structural changes or extensions over the course of time that were simply omitted from the entry.
Furthermore to be found in the nota simple and extremely important are details on the borders and land use. The current and former owners and the form of ownership are also listed. Even the name and address of the notary who registered the deed of sale and the property can be seen.
Insist on registration
When it comes to ownership, it is important to remember that not every change of ownership is recorded in the land register. This is because Spanish law does not require a notary for the acquisition of ownership. If the buyer and seller agree on the purchase price and contract, some properties change hands even without an entry in the land register. This is why the nota simple is extremely important, because if you have it, you can refer to this recorded entry even if the information on the owner differs.
As a seller, you should also ensure that the entry in the land register is correct. If this is missing, the unregistered first buyer loses his ownership at the latest when the new buyer is entered in the land register.
Have Nota simple checked by experts
For buyers, information on possible debts, encumbrances or restrictions on the property is particularly important. Are there any pending legal proceedings? Does an embargo apply to the entire property or parts of it? All this is shown by the contents of the nota simple.
The land register excerpt is requested either via the real estate company or the responsible estate agent. Of course, the extract can also be requested from the relevant land registry (registro de la propriedad). The document will be available within 24 to 48 hours.
The nota simple is only issued in Spanish. It is therefore advisable to go through the contents together with a lawyer, notary or real estate expert. A nota simple is valid for 90 days.
Marc Fischer
