How to Request a Copy of a Real Estate Deed

15 de November de 2021

The deeds of a home, or the public deed of a commercial property, are an essential document to prove ownership. In matters as important, and of high economic value, as the sale of a property, the judicial procedure for the divorce of a marriage, or the distribution of assets of an inheritance, the deeds are fundamental.

You may find yourself in the middle of one of the cases we have cited as the most common examples. Or you may have lost this important document and, in anticipation of procedures and deadlines, want to get a copy of the property deed as soon as possible.

In this article, we will teach you how to obtain a copy of a deed, how much it costs, where to request it, how many types exist, and what happens if the deed was not registered in the Land Registry. Let's get started!

Contenido

1 Example of a simple copy of a home deed
2 Types of property deed copies
3 How much does a copy of the deeds cost?
4 Copy of the deeds if you do not have the property documentation
5 Copy of the deed when the notary who signed the document is unknown
6 If the property was not registered in the Land Registry

Example of a simple copy of a home deed

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Types of property deed copies

There are many circumstances in which you may need a copy of the deeds, but the last step for this procedure will always be the same: go to the corresponding notary and request a duplicate of the deeds. But, what type of deed copy do you need? There are two types of property deed copies:

Authorized copy of the property deed. It has the same validity as the original copy of the deeds because it has the notary's signature.
Simple copy of the property deeds. It is a copy that is not signed and will not have the same validity, but it is valid for various procedures such as settling taxes.

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How much does a copy of the deeds cost?

A copy of your deeds is not free; it is a service offered by the notary, and its price is regulated by law. It is not a free price; the amount to pay does not vary between one notary and another.

The cost of a copy of your own deeds depends on:

Whether you need an authorized copy of the deed or a simple copy is sufficient.
The number of pages the deed has. The authorized copy costs €3.005061 per page or part thereof, and from page number 12 inclusive, its cost will be half of the previous amount. Simple copies of the deeds will be charged €0.601012 per page, without any reduction for the final number of pages.
The age of the original deeds. When the deed is more than five years old, double fees will be charged. In addition, for custody rights, €0.601012 per year or fraction of age of the document.

Copy of the deeds if you do not have the property documentation

Getting a copy of the deeds is a relatively simple procedure, but not just anyone can request a copy of the property deeds. Only the grantor of the property deed can request a duplicate of the deed: the person who gave their consent before the notary during the act of granting the public deed.

A very common case for requesting a copy of the deeds is when a family member dies. In this case, it is necessary to prove a legitimate interest to obtain the official document. In this situation, the notary must ensure the privacy of the person who granted the deed, and different interpretations may occur between different notaries.

Copy of the deed when the notary who signed the document is unknown

The fastest and most direct procedure to get a copy of the deed is to go to the same notary before whom the property was elevated to a public deed. This notary is the one who keeps the document. Knowing the notary, you will only need the date on which the public deed was signed and, if possible, although it is not essential, the protocol number.

In the event that the notary before whom the public deed was processed is not known, it is necessary to request the Land Registry for the identity of the notary who keeps the deed. For this, as much data as possible will be necessary, but at least:

The identity of the property owner.
Your National Identity Document (DNI).
The exact location of the private home, or commercial property, for which a copy of the deed is requested.
The town or municipality, the Autonomous Community, and the province where the property is located.

Articles of interest: How much does it cost to register a house?

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Copy of the lost deed when the notary is no longer there or the notary's office no longer exists

In the case of knowing the notary before whom the public deed was elevated, but the notary is no longer working in that notary's office, or has retired and no longer practices, or, unfortunately, has died, we should not worry.

Every deed processed before a notary remains in the Notary's Office where you signed it. And if that notary's office changed location, was transferred, or for any reason ceased to exist, there is always a successor or a substitute who legally keeps the protocol in which the original deed of which you want a copy is located.

If the property was not registered in the Land Registry

If the property has never been registered in the Land Registry, and you lack the necessary data to request a copy of the deeds from the notary, you have an unregistered property.

To solve this case, which is increasingly rare, a declaratory judgment must be initiated so that a judge decides whether or not you are entitled to ownership of the property. And in the best of cases, even if you can sell the property, without its public deed, its sale price will be much lower. You will be unprotected and with a weakened property.