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The nota simple: reading the Land Registry before you buy

One inexpensive document reveals who really owns a property, what debts sit on it, and whether what is built is what is registered.

By Carlos Babot Horcajadas, Abogado (ICA Málaga 10.971) · Babot-Aranguren Abogados

What a nota simple is

The nota simple is an extract from the Land Registry (Registro de la Propiedad). It is inexpensive, quick to obtain, and the single most important document in early due diligence. It tells you four things that brochures never will.

1. Who actually owns it

The registered owner — which is not always the person selling. If the seller is not the registered proprietor, or there are co-owners or heirs, that has to be resolved before you can safely buy.

2. What charges sit on it

Mortgages, embargoes (court seizures), liens and easements all appear here. A seller's mortgage must be cancelled at or before completion; an undisclosed embargo can stop a sale dead.

3. How it is described

The registered description — size, boundaries, and what is built. If the registry shows a smaller house than the one standing, there is likely an undeclared extension: common with villa pools, annexes and terraces, and central to rustic-land checks.

4. Any noted restrictions

Planning affections, protected-status notes, or conditions can be flagged on the registry entry — a first signal to investigate further at the town hall.

Why we go beyond it

The nota simple is the starting point, not the whole story. We cross-check it against the cadastre, the town-hall licence record and the physical property, because the risks that cost buyers money are usually the gaps between these sources. It is the backbone of the due diligence on every purchase we handle.

This guide is general information, not legal advice for your specific case, and tax and planning rules in Spain change frequently. For advice on a particular property, get in touch for a free consultation.

Carlos Babot Horcajadas, property lawyer in Málaga

Carlos Babot Horcajadas

Abogado · Ilustre Colegio de Abogados de Málaga (ICAMÁLAGA) nº 10.971

Spanish-qualified lawyer specialising in real-estate and tourism law for international buyers across the Costa del Sol and Andalucía — conveyancing, due diligence, tourist-rental (VUT/VFT) viability and non-resident tax. I act for the buyer only, with fees agreed in writing before we start, and I explain every step in English.

I practise at Babot-Aranguren Abogados, a Málaga firm established in 1993, and serve as Secretary of the Board of the AEEGC. I work in English, Spanish, Catalan and Italian.

Babot-Aranguren Abogados · est. 1993
Calle Salvago 3, 1º Izq · 29005 Málaga · +34 663 22 78 35
babot-aranguren.com
Babot-Aranguren Abogados office in central Málaga
Our office in central Málaga — Calle Salvago 3, a short walk from the Land Registry and the courts.

Questions about your purchase?

Message Carlos Babot Horcajadas on WhatsApp, call, or send the form for a free, no-obligation consultation — in English.