The notary has a central role in a property sale, not only because the law requires their involvement in the transfer deed, but because they safeguard the interests of everyone involved. As a public official appointed by the State, the notary authenticates deeds and ensures that ownership is transferred lawfully.
Contrary to a common belief, the notary does more than read a prepared contract and collect signatures. Their work begins well before completion and includes preliminary checks essential to the transaction’s legal security.
First, the notary establishes the parties’ identities and verifies that the seller actually owns the property. They examine the chain of title: the deeds through which the property was acquired or inherited. This prevents the transfer of nonexistent or contestable rights.
The notary also conducts mortgage-register and cadastral searches to establish the property’s legal position, checking for mortgages, attachments, seizures, restrictions or other encumbrances that could affect the purchaser’s rights. These checks give the buyer an accurate understanding of the property they intend to acquire.
They verify the property’s correct cadastral identification and consistency between cadastral information and the declarations in the deed. The law requires precise identification using cadastral references and a declaration that the floor plan matches the property’s actual condition.
The notary also provides impartial advice. Unlike lawyers who represent one party, the notary safeguards the balance of the whole transaction, ensuring that both parties understand the deed, the legal consequences of the sale and their obligations. This helps prevent future disputes and makes the agreement clearer and more secure.
The central moment is signing the notarial transfer deed, the public instrument transferring ownership from seller to buyer. By receiving the deed, the notary certifies the parties’ intentions, its compliance with the law and the transaction’s certain date.
Their work continues after signing: registering the deed for tax purposes, paying the taxes due on the parties’ behalf, recording the transfer in the land registers and updating cadastral records. Land-register recording makes the transfer enforceable against third parties and protects the buyer against subsequent prejudicial acts.
The notary is therefore not merely a witness to signatures, but a guarantor of legality and security. Preliminary checks, document review, preparation of the deed and subsequent formalities ensure that ownership is transferred validly, effectively and lawfully, protecting both seller and buyer.