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Transfer of real property

A house, a flat or land are most frequently transferred by a contract of sale or a contract of donation. The notary will draft a deed of conveyance as a notarial deed which is a public instrument contrary to contracts made for instance by a lawyer or a an estate broker. This means that in case of a dispute a counterpart of a notarial deed can be used in court as a clear proof acknowledging the truthfulness of the facts included in it.

Which instruments are necessary to submit for making the deed of conveyance? These are the documents to prove the title of the assigner to the real property (e.g. the inheritance declaration, the contract of sale) which the assigner usually has to his disposal. They can be also found in the relevant collections, on which the notary will advise you when you first meet. Further, you will need a copy of an entry in the Land Register. Currently some notaries have direct entry to the Land Register by means of the Internet and thus they can provide you with the copy of an entry by themselves. Expert opinion on the price of the real property is necessary for the taxation of the contract with the relevant financial authority. It is advisable to take the notary´s advice on whether the expert opinion is necessary as sometimes it is not required – for instance in contracts to extend or reduce community property of spouses as these contracts are not subject to taxes.

The profession of a notary specializes in legal relations regarding real estates and the notary thus guarantees the necessary competence of writing the contract up to the standard. On drafting the contract the notary warns both parties of possible legal consequences of their acting and thus he anticipates possible litigations. The contract of motion to enter a record in the Land Register is submitted to the Cadastre and you can authorize the notary who has written the contract for you to settle the matter with the Land Register as well.