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Why do Title Deeds of Purchase have to be signed before a Spanish Notary Public?

Apart from incurring a number of expenses, the acquisition of real estate assets in Spain also entails a complicated procedure, which many foreigners find difficult to follow.

During the abovementioned procedure, the question often arises as to why the Title Deeds have to be signed before a Spanish Notary public and cannot be signed directly by the parties in the country in which they are living (often both the buyer and the seller are foreigners residing in the same country of origin).

This question has also been controversial in Spain, both amongst Notaries and amongst Registrars and dispute resolution bodies. What is, therefore, the reason for which property transfers must be carried out via a public Spanish Deed?

To begin with, in order for the Title Deed of Purchase to be registered, they must be signed in accordance with Spanish legislation. It is unlikely that there will be a legislative match between the foreign and Spanish public documents, given the fact that the figure of the Spanish Notary Public is quite different to that of most of countries, although there are similarities.

Having said this, in order for a public deed to be valid in Spain it should produce full and enforceable effects, allowing for the transfer and registration of the Property, both according to the law of the country of origin and according to the Spanish legislation.

Title Deeds of Purchase have to be signed before a Spanish Notary Public

In addition to the above, in order for a purchase to be properly completed and the buyer´s rights guaranteed, it is advisable that the he or she receive legal assistance from a professional qualified in this specific area and it is difficult for a foreign lawyer to take on such a task. Most certainly there are highly professional lawyers to be found abroad, not many, however, are qualified to advise on contractual, civil and town planning law related to the purchase of real estate in Spain.  This process is characterized, in most cases, by a clear local aspect, meaning that a rigorous monitoring of Spanish legislation by every Spanish Notary takes place, and the procedure often differs somewhat as far as the delivery of urban and property related documents is concerned.

At Lexland Lawyers our team of lawyers in the Town Planning Department is not only highly experienced in the Costa del Sol´s real estate sector, but can also offer you professional legal assistance during the process of conveyance of property across Spain.