This may have happened recently to a large number of Spaniards: inheriting a house without deeds, that is, without it being registered with the Property register. The first thing you need to know about this is that it is not mandatory to register the house inherited from ipso facto But it is strongly recommended to do this to avoid problems with complaints regarding the address or in question or, in case you receive a good offer, to be able to sell it in an easier way.
First of all, the figure exerted by the Property registerwhich “has as its object the registration or annotation of acts, contracts and judicial or administrative resolutions which affect ownership and other rights to real estate, as well as certain judicial resolutions which affect the capacity of persons”. It is therefore an organization corresponding to the State in which you will have to present your deeds in the event of a sale or after having received the legacy.
So without writings a land register cannot be carried out. Deeds are a document which provides legal security to owners in which a notary certifies the acquisition of a property or its inheritance. This document also contains all the conditions of sale or inheritance of the property and its objective is to demonstrate that the operation has been carried out safely and legally. Through the deeds, ownership of the home is transferred, a means of proof is obtained in the event of any conflict that may arise and it will be an essential document to register the inherited property.
The problems of not having writings at home
If you do not have the deeds for an inherited house, the first step is to proceed with the procedure. In this way, you will be protected against third parties who may claim any rights related to the inherited property. If your house is perfectly registered with its deeds at Property register You will be protected in this sense.
Having everything in order also influences the possibility of selling the inherited house, which will be easier if it is registered. If this is not the case, the buyer can request an even lower amount for the property and for the property to be in the Property register It is also an essential condition for obtaining mortgage financing. Therefore, a person who wants to invest in the house will require everything to be in order.
If you do not have deeds to a house, which is not required, you can prove that the house belongs to you by putting on the table documents such as a purchase and sale contract or which demonstrate ownership of the property, recent IBI receipts, the mortgage deed and some receipts for paid supplies such as electricity, water, etc.
Actions in the event of inheritance of housing
In the event of inheriting a home, the first step in preparing the deeds is to contact a notary. This professional will attest to the transaction carried out and will also receive a sum of money to carry out this process. According to Idealista, the documents you will need to provide to request this document are:
- DNI of the person who inherits the accommodation.
- Document of acceptance of inheritance.
- Energy efficiency certificate (CEE).
- IBI payment certificates and community of owners.
- Title deed.
- Certificate of habitability (only in certain autonomous communities).
Once these documents have been delivered (at a minimum), the notary can even issue a copy of the deeds at the same time so that you can present them to the Property register. This administrative body will take between one and three months to correctly register the accommodation, while having to prove payment of the corresponding taxes.
Having a deed and registration of the property is the first thing you need to do if you inherit a house or buy a house. It is not obligatory, but to avoid possible problems it is always advisable to have everything in order.
