The importance of the title document during a real estate sale
The property act
The title document is an essential document to be sent to the new owner of a property during a real estate sale. Also called title of ownership, it allows the latter to prove that the property legally belongs to him. So what are the procedures to follow to obtain this document? What would happen if you didn't have it? What is its legal scope? The answer to all of these questions in this article.
Property Deed — what exactly is it?
The title act or title of ownership is a notary act that proves the status of owner of a property. It is an authentic act whose drafting and delivery to the new owner must be done only by a notary. The purchaser will be entitled to this notarial act regardless of how he acquired the property: by donation, by inheritance or by purchase. He will keep it until the property is sold or for life if he does not plan to sell it in the future. It should be noted that the property act is enforceable against everyone. No one has the right to challenge the right of ownership of property whose title document is already published in the Land Registry Department.
Information that must be mentioned in a property document
A title document must contain a few elements relating to the property and the owner in order for it to be valid. So you will see:
- The designation of the owner (s) which includes civil status, nationality, nationality, matrimonial regime, address, etc .- The detailed description of the property: area, street number and name, street name, plot number, etc.
- Cadastral referencesThe purchase price and the terms of payment if it is a real estate sale- Easements if there is a third party who is entitled to the property. This generally concerns the right of passage from one land to another.- The origin of ownership - The contact details, name and office of the notary who drew up the act- The date of the act as well as the signature of the notary and each party.
Other information such as the classification of the property as a historic monument or the history of the modifications that have been made to it may also appear in the property title. However, providing these details is not mandatory.
The procedures to follow to obtain a title document
As mentioned above, real estate is not only acquired through a purchase. It can also be done through succession. The process of obtaining a title is not the same for these two cases.
Obtaining the title document during a real estate sale
Whether it is a sale between individuals or to a professional, you will always have to sign a bill of sale to conclude the transaction. However, the new owner does not receive his title document immediately.
After the purchase of the property, you still have to wait 6 months to obtain it, while the notary takes care of the drafting and registration formalities with the land registration department. When the property act is registered, it will be returned to the notary who will then legalize it. It is up to him to hand it over to the buyer. In summary, the steps to take are as follows:
- Signature of the authentic act of the property by the seller and the buyer
- Grouping of the documents necessary for the drafting of the property title by the notary- Registration of the document at the land advertising department- Delivery of the property act to the notary for authentication by his seal- Delivery of the property act to the buyer by the notary.
It should be noted that the new owner of the property does not need to wait for the receipt of the title document in order to be able to occupy the property. If there is no specific clause, he can do what he wants with it as soon as the bill of sale is signed. If you do not receive your title document after more than 6 months following the acquisition of the property, you should contact your notary to ask him what the situation is.
Obtaining the title document for a succession of property
If the property is acquired through a succession, the act of sale will be replaced by a real estate certificate. Again, it is up to the notary to take care of its drafting, which will take place six months after the death. This document will serve as a certificate of ownership and proof of change of ownership. For owners who have a house built, the act of acquisition of the plot substitutes the act of ownership.
Loss of a property document — how to react?
The loss of an essential document such as a property document can happen to anyone. If this ever happens, you can request a copy from the notary who took care of registering it with the SPF. You can also do it by registered letter with acknowledgement of receipt to the land advertising department on which your property depends. You must contact the nearest chamber of notaries to find out which firm received the act. This duplicate will have the same legal value as the original and you will receive it by post or email. Just specify that you will be billed for the copy (€15 for electronic delivery and €17 for postal delivery).
Why is the title document so important?
The title of ownership is the document that allows you to assert your rights to a property. In addition to guaranteeing your safety in relation to people who want to challenge your right of ownership and enjoyment of the property in question, the title act is also useful in various fields. This concerns in particular the preparation of a succession and the subscription to a hypothesis. Thanks to this document, you can assert your rights in the event of a dispute relating to an inheritance, in the event of expropriation or natural disaster. Finally, the title will allow the notary to ensure that you are the owner of the property if you wish to put it up for sale.
