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Is it possible to inscribe deeds of sale signed in the presence of a non Spanish Notary in the Spanish Land Registry ?
As set out in Section 4 of Ley Hipotecaria it is allowed to inscribe such titles and its efficacy must be recognized . If the requirements established in section 36 of Rto Hipotecario are met the Chief Land Registrar has to register that property transaction.
Notaries and Land Registrars in Spain have been rejecting those deeds over and over claiming certain differences between national rules governing conveyance matters. That attitude has been hampering the sound operation of the internal market aimed by Member States of EU
As a Land Registry refusal can be challenged at Court, judges currently are ruling even in appeal against this monopolistic legal doctrine which is a contradiction of what European citizens are demanding in terms of greater competition and liberalisation
Hard times for Spanish notaries, they are being affected by the current real estate crisis and they face eventually the implied consequences to achieve the necessary cooperation in civil matters on the European single market
Spanish lawyers: I don’t think many people will be crying for the Notaries. They are over paid parasites. What are their responsibilities and has any Notary has been charged for negligence.
Any, idiot can look at the identity of two people entering into a contract. They are pimps for the Government to collect Taxes due and are bribed accordingly in terms of their fee in order that they can account for all the Taxes etc that they have collected.
Notary system has to be scrapped & hold lawyers responsible.
I agree with you 100% Shakeel.
I will go further in saying that they are a constraint to the economic activities by adding cost to a financial transactions where the cost benefit of the transaction is diluted by adding their layer of cost.
Well said Shakeel.
This is a very good question and I do recall reading something about it maybe 3 years ago and it was to do with the Spanish Notarial Societies objecting to foreign notaries etc.
I find a lot of times in Spain it’s very difficult to get answers on multi-jurisdictional matters becuase all too often the blinkers are on and this European thing seems very new to the Spanish. I was told last week my situation was unique in that I work and have a house in UK whereas wife and children who are Spanish reside and wife works in Spain. What they can’t deal with is Spanish married to foreigners because then are WE as a family/unit extranjero? The office in question in Malaga made numerous calls to various dept heads and no one had ever come across such a scenario. The matter now needs to be referred to Seville!
Anyway in relation to your question it might be worth contacting Manuel Martin & Associates in London who are Solicitors, Notaries and Abogados. With the Spanish connection and being notaries they are bound to know what they can and cannot do in Spain from the UK. I have availed of their services before inthe UK.
http://www.mmlawyers.co.uk/contact.html
But if you ever do get an answer to your question please let us know.
I appreciate your advice and I am not disputing the legal acknowledge of this firm but I can confirm you that only the Spanish Courts could say what a UK Notary can do from UK in order to inscribe such titles.
Maybe I misunderstood.
You were not asking the question but asking and providing the answer and letting us know where the current law stands?
I was merely tring to assist you and referring you to someone who may well have taken the time to investiage – ie broadening out the forum.
“I find a lot of times in Spain it’s very difficult to get answers on multi-jurisdictional matters because all too often the blinkers are on and this European thing seems very new to the Spanish”
How long is going to be new to them. If i remember right Spain Joined EU in 1985. Are the Notaries so slow that after twenty three years they cannot comprehend it.
If the Notaries are taken out of their financial & the legal system that is bestowed upon them. They will very quickly get to grips with it. Even though they are hunting in the mountains of Cordoba with the developers, lawyers & judges, whilst feasting on Ribera de Duero & Jabugo.
JJB
Exactly. That was my point. I were not asking the question but asking and providing the answer and letting you know what is going now.I wanted to highlight that change because a few years ago nobody could think of use a UK Notary to sell his property. I am referring to a that situation in which buyer and seller are UK residents and don’t want to go to Spain.
My comment was not aimed at notaries.
Generally I find their offices to be quite resourceful, particularly with my UK and Irish clients. When we have a query our first port of call is the notary and their advice is always free.
My comment was aimed at the many bureaucratic offices and being referred from pillar to post while they shuffle papers. Personally I never go to these offices as they don’t like dealing with foreign people so my colleague goes – she is a solicitor/abogada and knows how to play their game etc – but it’s bloody time consuming with their tickets and queuing etc
I would be far more critical of Spanish lawyers and their activities than notaries.
Shakeel you always finish your post with that stuff about feasts with Jabugo and Ribera del Duero. Next time you visit Spain I’ll invite you at our private feast with Vega Sicilia and Patanegra 😯
Spanish Lawyer. Its very kind of you to invite I may take you on it. You know very well what is meant by that statement of mine & it not meant in any disrespect. That idea of a good life without a sense of responsibility, accountability, and professionalism is the issue.
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