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The legislation of each country in the field of real estate law requires that after the purchase and sale of a real estate, signed the deed and paid taxes, the registration in the Property Registry is carried out.
According to greenlife-estates.com the document or procedure that demonstrates the ownership of a real estate is the Property Registry, linked in most countries to the title deed and not the deeds.
Although it is not at all mandatory, for idealista.com the registration in the property register confers on the buyer real estate guarantees. Remember, the title deed is represented by the record in the public record or file of the county and not expressly by the purchase-sale document.
If, for example, two different people buy a real estate by means of a deed at separate times, it does not matter who celebrates the purchase-sale first, what legally matters is who enters the deed in the Public Registry first and obviously meets the requirements demanded by this body.
Let’s review in this article that it is a title deed and what you should do if you do not find or lose the title deed of your house.
What is the title deed?
The title deed is a legal document that attributes to an individual or society the right to property and possession of a good.
Real estate such as homes, premises and other real estate has a title that is registered in the county’s public archives and that transmits ownership. When the asset is sold, the operation is registered and the title of the property passes to the buyer. So it is possible to obtain the “legal tradition” or all property titles of a property.
A property title gives the buyer the guarantee of being considered as the sole and legitimate owner. It provides protection against the risks that the seller has assumed, remembering that in order to carry out the property registration the property subject to purchase-sale must be free of encumbrance. Likewise, the title owner receives protection in the event that a third party discusses or disrupts their right to property or possession.
How to obtain a copy of the title deed?
The titles are official public documents, if they were duly registered, lie in the archives of all public records in your county.
If you lose your property title or if it was damaged by a fire, a flood or other natural disaster, you will not be able to obtain another original but you will be able to obtain a certified copy of the original. However, if you sell the property, the buyer’s lawyer may prepare a new original for them at the time of the new public document registration. As long as a certified copy is available, the old deed is not necessary to prepare a new one.
Visit the municipal or county office that has land records, usually within the county court. Deeds are usually stored in the County Clerk’s office, the Real Estate Office, the Land Registry, the County Recorder’s office, the Registry of Deeds, the City Council Cadastre office or an office with a similar name. The name and jurisprudence vary by country.
Tell the secretary of the corresponding office that you need a certified copy of your deed. According to certicalia.com if you have the date on which the document was signed or inserted in the Public Registry, as well as the protocol or book number, you will greatly facilitate the work of copy certification.
If you do not have this information, you must give the secretary the address, name of the owner or the names if they are more than one and the identification number or Cadastre number of the property, if you have one. This number or the parcel number, is in your tax or solvency bill of the City Council. If you don’t have it, don’t worry, they will be able to locate the writing without that number perhaps by spending a little more time.
Pay the secretary the fee, which must be small and at most in a couple of business days he will give you a certified copy of the deed. It is not necessary to present an identification or verify that you are the owner of the property to obtain a copy of a deed, as the title of the property is in the public records.