Note
How to check property title in Spain
Quick answer
Checking title means confirming from the registry that the seller is the owner, in what share, and how they acquired it. Then confirm that everyone who must consent will sign and that the person at the table has the authority to sell. The registry extract is the starting point.
Applies toBuyers who have a registry extract and want to know what to verify against it.
On this page: 8 sections
§ 1What title means
Title is the right of ownership and the document trail that supports it. Checking title means asking whether the person selling can sell, whether they sell all of it, and whether anyone else must agree. It is the central question of the due diligence described in due diligence explained, and the registry extract is the first place to look.
§ 2Start with the extract
Order a nota simple, as explained in more on the nota simple, and read the owner’s section. The extract names the owner and the share, and says how the property was acquired. Compare the name with the identity document of the person selling, and compare the description with the home. If the owner is a couple, a company or a group of heirs, the questions below change.
§ 3Who must sign
If there are several owners, all of them must sell, unless one of them has a valid power of attorney. If the seller is married, the matrimonial regime and the use of the home as a family home may require both spouses to consent. If the owner is a company, you need proof of the powers of the person who signs. If the owner has died, the heirs must first record the inheritance. The notary checks identities, capacity and ownership at the deed, but earlier checks save you from learning too late.
§ 4How the seller acquired it
Ask for the previous deed: purchase, inheritance, gift, division of an estate. The way a property was acquired tells you what to look for next. An inherited property may have unpaid inheritance tax, a gifted property may have conditions, and a recently bought property may carry the mortgage of the person who sold it. Where there is a gap in the chain, ask the seller to complete the missing registration before you sign.
§ 5Mismatches
Check the registry against the cadastre. The two systems are separate, and differences are common. The method is explained in the cadastre explained. A mismatch in area or in the number of floors is a reason to ask about licences and about works that were never declared.
§ 6Burdens on the title
Once you are sure of ownership, look at what weighs on it. That is the subject of encumbrances explained.
§ 7Why it matters
Registration makes the buyer the recognised owner against the seller’s creditors and hidden charges, according to the registrars. A clean title before you sign is the condition for that protection to be worth having.
§ 8More on this topic
Checking for debts explained explains the debts that can follow a property and the first occupation licence explained explains the licence that confirms a home can be lived in.
The habitability certificate explained explains the regional document confirming minimum living conditions and the energy certificate explained explains the mandatory energy performance certificate.
The building inspection explained explains the periodic inspection of older buildings and no-debt certificates explained explains the certificates that show nothing is owed.
FAQRelated questions
Is the registry always right?
The registry gives strong protection to those who register in good faith, but it records what is presented to it. A mismatch with reality, for example an unregistered extension or an unregistered inheritance, is still possible. Check the extract against other documents.
What if the owner is a company or an estate?
Then ask for proof of who may sign for it: company powers, or the inheritance deeds and the agreement between heirs. Your lawyer should review these before you pay any deposit, since an error here can void the sale.
Do both spouses have to sign?
It depends on the matrimonial regime and on whether the home is the family home. Ask your lawyer to check. Where consent is needed and missing, the sale can be challenged later, which is why the deed should state it.
Sources
- Consejo General del Notariado: Houses and real estate properties (official source, opens in a new window), Steps, documents and the notary's roleLast checked 17 October 2026
- Colegio de Registradores de España: What is the difference between a nota simple and a registry certificate? (official source, opens in a new window), Legal value, who can request, contentLast checked 17 October 2026
- Colegio de Registradores de España: Cómo comprar una vivienda en España (edición revisada, February 2020) (official source, opens in a new window), The five steps, nota simple, taxes and costsLast checked 17 October 2026
Legal note. How the process works in general. It is not legal advice, and it never replaces an independent Spanish lawyer acting for you.