nota simple

The Nota Simple says who the owner of the property is on a particular day. Your name should be on the Deeds immediately after you sign at the Notary transferring the property into your name. Something very wrong somewhere. You can get a Nota simple on line yourself  at www.registro.es

A copy of your Deeds is what you should have been given by your Solicitor. What Notary did you use on the day. The Notary is the person who is important here as they will have a copy of the Deeds.

Bee

Hi Bee

Thanks so much for your response.  The notary was called Jose Julio Barrenchea Garcia.  My name is on the deeds, but it seems that land registry have not been informed.  Unless they are likely to be in error?  The buyers solicitor advised the agents that my purchasing solicitor is legally obliged to keep a copy of my documents. (The agent thought for a minimum of 5 years).  But the purchasing solicitor is saying they dont have a copy.  

The buyers solicitor applied for the nota simple from land registry which land registry provided .. but it shows the previous owners names.  

My purchasing solicitor have said they have done everything correctly and wont do anything else.  Ive asked for their complaints procedure but my main concern is that my buyers pull out.

Any suggestions on next steps at all I wonder?

(Im assuming if i apply for the nota simple it will show the previous owners name still .. or is that a process to register myself as the current owner?)

Thanks again!

Once you have the Deeds and your name is on them and signed by the Notary then that is sufficient to lodge them with the Land Registry.  Do you have a list of the Fees your Solicitor charged you for the purchase. One of the fees would be Land Registry Fees. If you have the Deeds you will see all the different dates and signatures on them. Registration with the Land Registry is part of  Conveyancing. You will need to Register your property in your name one way or the other and for that you should either take a trip to the Land Registry Office in Torrevieja or get your original Solicitor to do it. If relations have broken down then a different Solicitor would be best. Registration Fees are usually about .50% of purchase price.

https://www.registradores.org/directorio/-/registros/propiedad/alicante/torrevieja

After the signing at the Notary, we will pay the Taxes (ITP) and the purchase deeds will be sent to the Land Registry for it legal inscription.

We will receive the formal title deeds from the Land Registry after 5 or 6 weeks after the signing.

Bee

Hello. My friend is a barrister. I discussed your matters with him. In the UK a person's name be it 1,000 years ago etc, for example, or today on the Deeds is Legal and binding. However, in Spain the Deeds only state via the Notary what the property changed hands for Euro-wise, the build size of said property, the area the property sits in, debts attached to the property if any, what the Suma Taxes are, and what the property may be used for be it Rustic or Urban. It is not legal and binding that you own the property. This is the Notary. The 2nd part of the Spanish Department is called the Land Registry which records the name of the person the land or property is registered to. They are the legal owners full stop. You cannot just go along with your deeds expecting the Land Registry to "Just put the title into one's name". The solicitor you used should have seen to this when you purchased, no ifs or butts. Many people in Spain are under the impression holding a set of "Deeds" is proof of ownership of said land or property or both. Not so. My friend goes under the name on this site of Rumpelstiltskin, think I have spelled that correctly. He does not go on here that often now as too many "Bitchy People" Maybe message him for a straight answer. Sincerely. Christine.

gosh thanks Christine.  Thats incredibly kind of you to ask your friend.  Though seriously scary too if my solicitors have messed up, big time by the sound of it.  I will for sure try and find your friend and ask for their thoughts before my next steps. Honestly, nothing  was straightforward with the property purchase and looks like its going to be the same for its sale.  Thank you again! Louise :-)

I presume you are paying IBI/SUMA on your property. Look at your IBI bill and you will see the Cadastral Number of your property. Since 2015 the Cadastral and Property Registry Offices have joined up thinking so what is registered in one has to be the same in the other. If you want to download a Nota Simple yourself from registro.es you can use the Cadastral reference number. One thing when in 2019 did you buy? Covid closed everything in March 2020 so is your paperwork "resting" in a box in the Notary Office, in the Solicitors Office or in the Land Registry Offices. You will only know that by following the paper trail.

The Deeds I have from the Notary are much more involved than a simple description of the property.  They give details and official documentation of proof of the Vendor and the Purchaser together with copy of bank cheque showing the amount paid, a copy of the Nota Simple giving details of the registration of the property in the Land Registry  No 2 of Torrevieja.  They have all the details of the Notary together with her signature and date of transmission of the property and all her handwritten  notes. There is a label on the front giving the date and time of registration of the property at the Land Registry. I can only conclude from my Deeds that they are the official copy returned from the Land Registry to our Solicitor and then passed on to us by our Solicitor in Spain.

Bee

Hi Bee

Thanks a million for coming back to me.

yes you are absolutely correct that i have been paying the SUMA/IBI on my property.  And checking the csv, it is the same as what is on the copy of the nota simple i have been sent via the buyers solicitor (with the previous owners names showing). Ive been told that the buyers solicitor requested the nota simple direct from Land Registry just a couple of days ago.  But the fact that my bills, which are in my name, have the same csv,  that could then mean that the buyers solicitor have been given an old nota simple from Land Registry in error.. if im understanding correctly!  That would be a fantastic outcome if that were the case.  Ill ping them back with all that info - fingers and toes crossed! 

Thank you hugely once again for this invaluable help.

L :-)

Hi, that is an amazing story, can you update us all with your (hopefully good) outcome.

cheers, Keith 

Yes I will indeed :-)