Information for Buyers

Buying a house in La Palma: 2. Property deed (escritura)

What is an escritura?

Volker Horch: In Spain, the public document through which ownership of a property is transferred and registered is known as a property deed (escritura). Alternatively, this process can be carried out through a private contract, although it should be noted that the latter carries less evidential weight.

Is it true that property deeds often need to be corrected or updated?

Volker Horch: Yes, it is. A high percentage of property deeds in La Palma contain discrepancies regarding the size of a property. Often, the area recorded in the deed differs from that shown in the cadastre. For this reason, it is not uncommon for a single property to have up to three different measurements: one in the property registry, one in the cadastre, and one in reality. This discrepancy is usually due to a lack of technical resources at the time the property was measured, as it may date back to more than 50 years ago.

Is it difficult to correct the errors in a property deed?

Volker Horch: It depends, but the truth is that it is essential to resolve all the aforementioned discrepancies before buying a property in La Palma. A topographic map can be used to determine the property's actual boundaries, and a notary can amend the deed accordingly. Afterwards, the corrected deed is submitted to the property registry so that the information about the property is also updated there.

Can I take care of this after the purchase?

Volker Horch: It is not recommended. At Palminvest, we make sure that your deed is properly formalised before the purchasing of the property. This way, we also save you from any unpleasant surprises that could arise in the future due to errors in the deed.

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