Acts Real Estate


Among the categories of Notarial Acts those of the Acts real estate is perhaps the best known but also the most delicate. In this type of Acts , information relating Real Estate (buildings and land in the first place) , the Notary plays a very important task, verifying who is the holder of the right subject of the act and whether actually he is legitimized to dispose of them. Here is a brief list of some of the most Important Acts real estate, with the illustration of the main Features and Effects, That can not be separated by a direct dialogue with the Notary , who will Explain All Peculiarities af the specific Contract, requiring the useful Documentation for the Stipulation and who will process the taxation inherent to the Act and the Presence of any concessions.



The sale is the contract that relates to the transfer of ownership of a thing or the transfer of rights to the consideration of a price .

It is usually the buyer (who buys) that caters to the Notary because according to law , the buyer has to provide to payment of taxes, duties and fees of the act (although nothing prevents you from reaching different agreements between the parties). This does not mean that the notary should not protect adequately and uniformly the interests of both parties. The attention and the work of the notary are based on some important aspects:

- The identification of the property to sell through the analysis of the data and the cadastral plan , if required by law ;

- The identification of the holder of the right to transfer and the origin of this right (act , succession , judge's ruling, etc ... ) ;

- Check that there are no liens on the property rights of third parties or prejudicial to protect (mortgages , foreclosures, easements, restrictions, etc .. ) .

It will be up to the parties to make statements about the set price, terms of payment , the use of mediators and possible methods for payment of the cost of mediation, the license allowing the construction or purpose of urban terrain.



The donation is a contract by which one person (the donor) adds another (the donee) free of charge, that is, without asking anything in return, transferring to a right or taking a bond.

As part of the donation estate, Notary held the same tests have just been presented to the sale , but the act will have a different gravity because the transfer is by way free; so it is expressly provides by law that the stipulation involving two witnesses not interested at the time.



The division is the contract through which various actors co-owners of multiple properties (for various Reasons: such as being called to an inheritance, having purchased the property together, etc ... ) melt communion and assign the exclusive property of individual goods of the same communion with a value Corresponding to the portion that the participants of the contract had all (the so- called “share of law”) . It is also possible to assign to an as sharing things of higher value than its share of law; in this case he will have to pay to the others owners a cash adjustment to compensate the imbalance .The findings made by Notary are the same as those seen.