ESCRITURA PROBLEM

[Anonymous]

In 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. 🙁

[Arthur Stuttard]

This happened quite a lot in the 80s. It was your responsibility to take the escritura to the Registry but probably no one told you. Try taking it now – if no one else has registered a later title, then in theory they should register it. If not, try to find a good local gestor. Failing all else you will probably have to apply to the Courts for an “expediente de dominio” to register a possessory title, which you fortunately appear to have (30 years’ uninterrupted possession).

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