[bolette]

Hola 🙂

I bought a flat in a 3-owners house this May.

In my deed and in the ‘nota simple’ it says that the patio and the rooftopterrasse is communal.

I have now learned that one of the other owners regards the terrasse as hers – and says she is entitled to 70% of it.

Even if it does say so in her deed, is it correct that the nota simple rules over our private deeds?

My lawyer says so – she thinks not..

And I am confused….

Does anyone know the laws regarding this?

 

Best wishes

Bolette

[Mark Stücklin]

Hi Bolette,

Sorry about the slow response. The holidays got in the way.

As a general rule, the Property Registry information (like Nota Simple) trumps the private deeds. Your lawyer is right but of course your neighbour doesn’t agree as it’s not in her interests to do so.

[Mark Stücklin]

Bolette, I should add that the Nota Simple is not itself a legally binding document, just an informative one. As Raymundo Larraín explains:

If you require a legally accepted binding document you have to request the more expensive ‘certificación registral’ signed and sealed by the Land Registrar himself which is ’authentic’ (it is a public document) and can be used in any legal proceeding. If there are any errors in it the Land Registrar is held personally liable and will have to pay compensation to the affected person out of his professional indemnity insurance cover.

More information here: Nota Simple: What is it and how do you get one?

[Author]

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