Note
Encumbrances on a property in Spain: charges to look for
Quick answer
Charges, or cargas, are rights or burdens recorded against a property: mortgages, seizures, easements, usufructs and similar. The registry extract lists those in force. A mortgage is normally cancelled at the deed with the proceeds. A seizure or a usufruct is more serious and needs your lawyer’s advice before you pay.
Applies toBuyers who have read the registry extract and found an entry they do not understand.
On this page: 8 sections
§ 1What a charge is
A charge, in Spanish a carga, is a right or burden recorded against a property that continues to affect it after the sale. The registry extract shows the charges that are in force, and the registrars explain that the extract shows whether the property has mortgages or seizures. The full checklist is in how due diligence works.
§ 2Mortgages
A mortgage secures a loan. The property can still be sold, but the lender keeps its rights until the loan is repaid and the mortgage is cancelled. The standard approach is to repay the loan from the price at the deed and to cancel the mortgage afterwards in the registry. Ask your lawyer to confirm the amount needed, where the money goes, and who files the cancellation. If the buyer takes over the seller’s mortgage instead, the terms need separate review.
§ 3Seizures
A seizure, or embargo, is entered when a creditor, the tax office or the social security obtains a court or administrative order against the owner. It prevents the sale from clearing the debt unless it is dealt with. A seizure on the extract is a warning sign. Resolve it first, and ask your lawyer to see how it will be cancelled.
§ 4Other burdens
Easements allow another property or person to use part of the land, for example for access. A usufruct gives someone the right to use and enjoy the property for life or a period, and the owner of the bare property cannot give you vacant possession. A lease or other occupation right may bind you as the new owner. Read each entry carefully and ask for the documents behind it.
§ 5Debts that are not charges
Not everything that follows a property is a registered charge. Community fees and some taxes can follow the property without appearing on the extract. They are covered in Check for debts on a property in Spain and how no-debt certificates work.
§ 6Dealing with charges
Make clearing the charges a condition of the contract, with a fixed date and a clear method. Do not rely on the seller’s promise that they will be cancelled later. At the deed, the price should be paid in a way that lets the lender and any other creditor be paid at the same time. The notary records the payment method.
§ 7Checking again
Order a new extract close to the signing, since the position can change. Compare it with the first and ask about any difference. The method for reading the extract is in the nota simple explained.
§ 8More on this topic
Checking title explained explains how to confirm the seller owns the property and how the cadastre works explains the cadastral reference and how to compare it with the registry.
How the first occupation licence works explains the licence that confirms a home can be lived in and how the habitability certificate works explains the regional document confirming minimum living conditions.
How the energy certificate works explains the mandatory energy performance certificate and how the building inspection works explains the periodic inspection of older buildings.
FAQRelated questions
Is a mortgage on the property a problem?
Not necessarily. Many sellers have one. The usual solution is to repay it from the price at the deed and have it cancelled. Your lawyer should check how the payoff and the cancellation will be done, and who bears the cost.
What is worse than a mortgage?
A seizure by a creditor or the tax office, or a right held by a third party such as a usufruct, because the seller cannot simply pay them off at the deed. They usually need an agreement or a court step. Do not pay a deposit until you understand them.
Can charges appear after I get the extract?
Yes. The extract shows the position on the day it was issued. Order a new one close to the deed, and ask your notary to consult the registry on the day, so that you learn of any new entry before you pay.
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.