The housing deed is a legal document, endorsed by a notary and by the public registry, where the ownership of a real estate is certified. This document is a proof of ownership and, therefore, is essential in the case of sales or legal proceedings for divorces or inheritance distribution.
Why is it important to deed a home?
The deed of the house is one of the administrative procedures that should be known well, especially if you want to sell or buy a home.
Signing the deed of a home is very important because it is a legal guarantee and because it allows speeding up the process of transferring the property.
Think that, when a home is not titled, it is much more complicated to prove ownership and, therefore, execute the sale.
The Sky Marketing verifies the legitimacy and capacity of both parties (the seller and the buyer) to be able to carry out this operation, preventing a third party from claiming this circumstance to invalidate it.
What happens if I have lost the deeds to my house?
When we sign the deed of a house, the Notary gives us a copy of this document. Normally, it is an authorized copy that has the same legal validity as the original deed.
If at a certain point we lose this document, the first step to get a copy of the lost deeds is to go to the Notary’s Office. The same happens if the house belongs to a relative who has passed away and we do not know where the deeds of the house were kept.
The reason is simple: the “original” deed of the house, that is, the one that has legal validity, is kept in the Notary’s Office to protect it from possible falsifications and manipulations.
This measure is part of the obligations of notaries, and provides legal security to property owners, who in this way can request a copy whenever they need it.
How and where to request lost deeds?
In principle, to obtain a copy of the lost deeds, you only have to go to the notary who formalized the purchase of the home and indicate the date of the protocol and the date of the signature. In this way, it will be easy to locate the document to make a duplicate.
Once there, you can request two types of copies of the deeds:
- Authorized copy. It has the same value as the original deed, since it incorporates the notary’s signature.
- Simple copy. This duplicate is not signed and, therefore, does not have the same validity. Even so, it can be used to carry out most administrative procedures, including tax settlement.
In addition to their legal value, licensed copy and plain copy are priced differently.
The cost of the authorized copy is, on average, 3 euros per page (up to page 12, when it is reduced by half). This means that the price of the authorized copy of the deeds depends on the length of the document. Also of its antiquity: in the archives with more than one hundred years, the notaries charge a supplement for custody that is around € 0.60 per year.
Our advice is that you always have an authorized copy of the deeds of your home at home.
→ Do you want to sell your apartment? Know the requirements that you must meet
Is it mandatory to do the procedure in person?
No. You can also get a copy of the lost deeds of your home by mail, although your application must be signed by a notary.
This option is only recommended when the Notary where the deed was signed is in a city other than yours. In this case, you must go to a Notary, who in turn will formalize the request and receive a copy of your deeds.
Another way to get a copy of the deeds of a lost home is to hire an agency to carry out all the paperwork and can provide you with a duplicate.
Get a copy of the lost deeds when you do not have the documentation of the house
If you are wondering how to recover a lost deed, it is likely that the document has not only been lost, but you also do not have basic data, such as the date of the signature or the notary where the document was signed.
This situation is quite common, especially in the case of inheritances. Still, there are a few things to keep in mind.
Typically, you can request a copy of the deeds from any grantor of the deed. If the owner / s has died, it is necessary that you prove a legitimate interest to start the procedures, since the Notary’s Office will always ensure that the interests and privacy of the owner are maintained. Hence, when in doubt, some documents are required (death certificate, wills, affiliations, etc.).
→ It may interest you: How to sell an inherited apartment
Our advice to request a duplicate of the deeds, both in case of inheritance and in case of loss, is to go to the same Notary’s Office where the deed was made public, since the original document is kept there.
But what if, as we said, we do not know this data? In this situation, you can go to the Land Registry and ask for a simple note, since the Notary who drew up the house deed will appear in this document.
To request this information, you only have to provide, in addition to your ID, the identity of the owner of the property, your ID and the full address of the home or premises.
With this document, getting an authorized copy will be easier.
And what happens if the home is not registered in the Property Registry?
In this case, getting a copy of the lost deeds will be somewhat more complicated, since you will not be able to access the simple copy.
If it is about the deeds of your house, it is likely that you remember some basic information, about the year or month of acquisition and when you applied for the mortgage that can help you find the document.
If it is an inheritance and there are no deeds and we do not know if the house is registered in the Property Registry, a declaratory judgment must be filed to decide if the property corresponds to you. This process is not too complicated, although you may have problems, especially if you want to sell the property.
In both situations, you must initiate the appropriate procedures to prove that you are the owner of the property and register it in the Land Registry in order to request a copy of the deeds.
The options you have are:
- Rebuild the acquisition titles.
- To file an act for the resumption of the successive tract.
If you want to sell your house but you have lost the deeds and you want to get a copy, it is best to get advice from a professional who will tell you what are the steps to follow and the procedures you must do.
At Tajarat properties we are experts in real estate services. Our way of working online and without commissions have made us a benchmark in our sector. Thinking of buying or selling a home?