Escritura

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boltontrouble
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Escritura

Postby boltontrouble » Wed Aug 17, 2011 3:18 pm

n 1982 I purchased my property near Marbella from a German Company, I attended the Notario in Marbella with the partner of the German Company and we both signed the necessary documents for the property to be transfered to my wife and myself. The bankers draft was handed over and I paid all the fees to the Notario including the purchase tax. I received a copy of a document which contained all the information of the house, myself, my wife, our passport numbers, the Germans Man's name and passport number, I was asked to attend the Notario's office the following week.

I duly attended and was told to come back again, this carried on until I had to return home. I heard nothing from the Notario and due to various circumstances there was a considerable delay before I went back to Spain. When I went to the Notario's office it was closed and I was informed that the Natorio had died. I assumed which appears now quite wrongly that everything was in order and I have continued to visit to property and of cause paid the local community charge which was in my name with the electricity bill and the gardner being paid by the local agent. I have now decided to sell the property and I went to a Solicitor in Spain who has informed me that the property was never registered on the property register by the Notario and until such time as it is registered I cannot sell the property. He informs me that this is a long and difficult and very expensive process.

Can anyone give me any advice on what I should do!! I appears that what I was given in the first place by the Notario was the simple escritura.

julian
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Re: Escritura

Postby julian » Wed Aug 17, 2011 4:14 pm

if you know the notary´s name you can still get a copy of the escritura, and if all was ok in the escritura then you can take it to the registry and register the property.
first step is to get the escritura...if you know the notary´s name go to any notary in marbella ....they may be able to help you find out where the original is kept.
there should be no purchase tax to pay now, if all was correct it should not take long nor be expensive.
if you have a "copia simple" or fotocopy then all the details you need are on it to get another original copy for the registry
Last edited by julian on Wed Aug 17, 2011 4:18 pm, edited 1 time in total.

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gerryh
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Re: Escritura

Postby gerryh » Wed Aug 17, 2011 4:17 pm

julian wrote:.if you know the notary´s name go to any notary in marbella ....they may be able to help you find out where the original is kept.
I thought, possibly wrongly, that all Escituria where kept in a central registry, the same as wills.
So you can get a copy from any notary.

Cheers
Gerry
Gerry Harris

julian
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Re: Escritura

Postby julian » Wed Aug 17, 2011 4:20 pm

I don´t think there is a central registry, one of the marbella notaries should be able to tell you who and where the escritura will be, you can then apply to get an original copy.

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Julie
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Re: Escritura

Postby Julie » Wed Aug 17, 2011 10:20 pm

I put a property forward only today at the registry, cost 300 euro give or take, but I did have the deeds that I had , had changed to give to them to register.
No soporto ver la casa sucia, ahora mismo me levanto y apago la luz.

Chunky Monky
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Re: Escritura

Postby Chunky Monky » Thu Aug 18, 2011 1:30 am

Julie wrote:I put a property forward only today at the registry, cost 300 euro give or take, but I did have the deeds that I had , had changed to give to them to register.

WTF does all this rubbish mean? :shock: :shock: :shock:

julian
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Re: Escritura

Postby julian » Thu Aug 18, 2011 8:23 am

well that should clear up any doubts bolton had about spanish escrituras and property registers :wtf:

Beachcomber
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Re: Escritura

Postby Beachcomber » Fri Aug 19, 2011 10:58 am

If the notary at which you signed the escritura was not taken over by someone else when he died all of his protocols would have been reallocated. There is no central registry so you will need to locate the notary who is currently responsible.

You will need to contact the Colegio Notarial de Andalucía in order to find out which notary to contact.

C/ San Jerónimo, 50
18001 - GRANADA
Telf: 958.20.27.11
Fax: 958.28.11.22

[email protected]
[email protected]

It is not the responsibility of the notary to arrange for registration of the escritura although this is sometimes carried out by one of his clerks who may do it as a sideline. The ultimate responsibility lies with the purchaser or his representative.

If it was, in fact, presented but not registered it may well be that there was some problem with it and that it was rejected by the property registrar meaning that he considered it to be defective in some way. My own uninformed guess would be that the person signing on behalf of the company was not adequately identified by the correct paperwork as having the authority to sign.

If this is the case it is unlikely that he will be able to be contacted now that thirty years has passed and, in this event, you will probably need to go through a legal procedure known as 'Terceria de domino' which is basically laying a third party claim to the property in order for it to be registered in your name.
Let's go Brandon!

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Julie
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Re: Escritura

Postby Julie » Fri Aug 19, 2011 12:28 pm

Chunky monkey, my text keeps jumping all over the place, I mun't of checked it before I posted :(

Anyone have a clue why its doing this ? I did post in the internet part about it, but no one answered :(

Its driving me mad !
No soporto ver la casa sucia, ahora mismo me levanto y apago la luz.

Chunky Monky
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Re: Escritura

Postby Chunky Monky » Fri Aug 19, 2011 3:36 pm

Julie wrote:Chunky monkey, my text keeps jumping all over the place, I mun't of checked it before I posted :(

Anyone have a clue why its doing this ? I did post in the internet part about it, but no one answered :(

Its driving me mad !

Hi Julie,

Your query has not appeared in the Computer/Internet section, I imagine that is why you haven't had a reply.

As far as your problem goes I would try Google, I find it very good for dealing with computer problems.


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