Menorca the Role of the Notary

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The role of the Notary is to confirm that all the legal niceties have been attended to in connection with the sale of the property. It is normal to send all the papers to the notary who will then prepare the escritura. When it is ready for signing, the notary will read it to you (and if you do not understand Spanish he is obliged to have an interpreter present) and he will then invite you to sign. When you have signed it, the notary will sign it and he will then give you a copy of what you have signed, called the COPIA SIMPLE.

However, you MUST be aware of what you have signed. The notary, is a public official who is merely WITNESSING an agreement. He does not know and it is not his job to know, whether the information in the escritura is correct or even complete. What he signs is "YO DOY FE" which literally means, "I give faith" i.e., "I certify".

It is now mandatory in Spain for the notary to have obtained himself a Nota Simple, from the land registry, IMMEDIATELY before signing the escritura. Plus the vendor must present to him copies of last receipts for rates, water, electricity, telephone and community fees as appropriate.

Ask your lawyer to keep in touch with the property registry to make sure that the escritura is definitely inscribed in the property register. Some registries are very busy and it can take a considerable amount of time.

Once the escritura is inscribed in the property register, the PRIMERA COPIA will be returned via the notary's office with a receipt for the taxes and the fees you have paid (which will be paid to the notary for his work and also to the property registry for their work). It will bear the property registry's stamp, which will show the book and the page where the inscription has been made.