Spanish title deeds: understanding the escritura

What is an escritura pública in Spain?

An escritura pública is a notarial deed. For a property purchase, inheritance or other transaction, it is signed before a Spanish notario and becomes the formal notarial record of that transaction.

People commonly describe the escritura as the Spanish title deed. That description is useful, but it can also cause confusion. The escritura records what the parties signed before the notary at a particular time. It is not a live record of the property's current registered ownership or charges.

This distinction matters when an escritura in Spain is several years old. The property may later have been sold, inherited or mortgaged. An embargo, meaning a seizure or lien for debt, or another charge may also have been entered in the register after the deed was signed.

The current registry position is shown by the Registro de la Propiedad. Its extract for one registered property, known as a finca, is the nota simple informativa, usually shortened to nota simple.

Where is the original escritura kept?

The original escritura remains in the notary's protocol. The property owner receives a copy rather than taking away the original document signed into that protocol.

You may see two types of copy mentioned in connection with Spanish title deeds. A copia simple is a plain copy without the legal value of a copia autorizada, or authorised copy. They are not interchangeable, so check which type has been requested by the bank, notary, lawyer or other person dealing with the matter.

A copia simple can still be useful for identifying the property and finding details connected with the transaction. However, having a copy of the escritura does not remove the need to check the Registro de la Propiedad when current ownership or charges matter.

• Escritura pública: the notarial deed signed before a Spanish notario.
• Copia simple: a plain copy without the legal value of an authorised copy.
• Copia autorizada: the authorised copy of the notarial deed.
• Protocol: the notary's record in which the original deed is kept.

What should I do if I have lost my deeds in Spain?

Lost deeds in Spain do not mean that the original escritura has disappeared. The original remains in the protocol, so you can request a copy from the notary who signed the deed.

Look for any paperwork that identifies the notary involved in the transaction. A previous copy of the escritura, correspondence relating to the purchase or inheritance, or documents held by someone who assisted with the transaction may help you identify the notary.

If your immediate purpose is to confirm who is currently registered as the owner, you may not need to wait for a replacement copy before checking the register. A recent nota simple will show the registered owner or owners, the share held by each, how and when they acquired the property, and the charges recorded against it.

The nota simple is not a replacement for the escritura. The two documents serve different purposes: one records the notarial transaction, while the other reflects the Land Registry on the day it is issued.

Why the escritura does not show the current position

An escritura records a transaction at the time it was signed. On its own, it does not confirm that the person named in it is still the registered owner. It also does not confirm that the property is currently free from mortgages, embargos, easements, usufructs or annotations of lawsuits.

A nota simple is issued by the Registro de la Propiedad for one registered finca. It shows the property description held by the register, including its location, surface and type. It also identifies the registered owner or owners, their respective shares, and how and when they acquired the property.

The same extract lists the charges recorded against the finca. Because it reflects the register on the date of issue, a recent nota simple is used for due diligence before buying, checking debts affecting a property, inheritance matters, and dealings with banks, notaries and lawyers.

A nota simple is informative rather than certified. It is different from a certificación registral, which is a certified, slower and more expensive registry document. If a particular authority or professional has asked for a certified document, check the requirement with them before ordering.

What happens at the Land Registry after signing?

After a purchase or inheritance, the new ownership can be registered in the Registro de la Propiedad. Registration is voluntary in Spain, except for mortgages, but registering the new owner is strongly advisable and is needed in practice if the property is later sold or mortgaged.

The notarial deed and the registry entry remain separate records. Signing an escritura provides the notarial document for the transaction, while registration updates the ownership position recorded against the finca.

Every property is registered in exactly one Registro de la Propiedad. Large or tourist municipalities may be divided between several registry offices, while a smaller town may be served by a registry named after another town.

The Registro and the Catastro (Cadastre) are also separate. The Catastro is a tax and physical inventory containing details such as boundaries, surface, cadastral value and the 20-character cadastral reference. It does not prove ownership and does not show mortgages or debts.

When the deed, Catastro and Registro do not match

The address, surface or plot information in an escritura, the Catastro and the Registro de la Propiedad may not always match. An address alone may also fail to identify a single registered finca, particularly where a development or building contains several properties.

These differences are a common reason for a registry request to be rejected as incorrect data or property not found. Choosing the wrong Registro de la Propiedad can also lead to rejection.

A cadastral reference is helpful when locating the property, but the nota simple still comes from the Registro de la Propiedad rather than the Catastro. When we receive an order, we use the address or cadastral reference to identify the property and competent registry, cross-checking the Catastro and the registry's own maps before submitting the request.

How to obtain a current nota simple

To order through our service, provide the property address or cadastral reference, the town and province, and your email address. The owner's name is optional but can help where the address is ambiguous. You do not need a Spanish DNI or NIE to place the order.

We check the property details and identify the competent registry before submitting the request on the official registry platform. The nota simple is delivered as a PDF by email, usually within 24–48 hours on working days. Weekends and Spanish public holidays can add time.

The total price is €35.86 per property. This consists of a €24.95 service fee and a €10.91 official registry fee, including the applicable VAT. Payment can be made by Visa, Mastercard, Apple Pay or Google Pay, and foreign cards are accepted.

The registry issues the nota simple in Spanish. An optional non-sworn translation into English is available for €3.99. It is made with AI and checked by rules, and is intended to help you understand the document rather than for filing with an authority.

Notas Registrales España is a private, independent service. We are not the Registro de la Propiedad, the Colegio de Registradores, a government body or a law firm, and we do not provide legal advice. You can request the same document yourself for less through the official website, sede.registradores.org; our service checks the property data and registry first and provides email support in your language.