Property deed: what to check regarding appurtenant owners and encumbrances
Before signing the sale and purchase agreement, it is advisable to review in the deed who is selling, which property is being transferred, which appurtenances are included, and whether there are any encumbrances or restrictions that must be stated clearly. This guide focuses on the practical checking of those details to avoid confusion at signing.
What to check first in the sale and purchase deed
In a property sale and purchase, the public deed is the document that formalises the transfer of a property and, therefore, it is worth reading it carefully before signing. Article 1280 of the Civil Code states that acts and contracts whose object is the creation, transfer, modification or extinction of real rights over immovable property must be set out in a public document. That applies to the purchase and sale of a home and to the need for the property to be identified precisely. Civil Code, article 1280
The Community of Madrid notes that, before buying, the legal status of the property can be checked by means of the simple note, where details of ownership and encumbrances appear, as well as the description of the property, its cadastral reference, the horizontal division and, where applicable, the holding in the property with possible entrances or storage rooms. Sale and purchase of homes
This article is not about duplicating the simple note, but about knowing what should be cross-checked within the deed so that it reflects exactly what you believe you are buying.
### 1. Identify the selling owner correctly
The first point is to check that the person signing as seller matches the owner who should transfer the property. If the deed identifies a person incorrectly or omits any of the actual owners, there may be problems closing the transaction safely.
You should pay particular attention to:
1. Full names and surnames of the sellers.
2. DNI or identification document stated in the deed.
3. Whether one or more owners are selling and in what proportion.
4. If they are acting through representation, that this representation is clearly stated.
Practical tip: do not assume that “it is always all there and correct”. Compare the personal details in the deed with identity documents and with the property documentation they have provided you.
Common mistake: reading only the price and signing date, leaving the identification of the owners until the end. In a sale and purchase, that ending can be the source of a dispute.
### 2. Check the appurtenances: storage room, garage, terrace or linked share
One of the most delicate points is checking whether the property includes appurtenances and how they are described. The regional authority notes that the simple note may reflect the holding in the property with possible entrances or storage rooms, and the deed should be consistent with that register reality and with the description of the property. Sale and purchase of homes
Here it is worth checking especially:
1. Whether the storage room or parking space are actually included in the sale.
2. Whether the appurtenance appears as linked to the property or as an independent property.
3. Whether the deed identifies the appurtenance with the same details as the rest of the documentation.
4. Whether there are elements of exclusive or shared use that should not be confused with private ownership.
5. Whether the description of entrances, appurtenances or participation shares matches what was agreed.
Useful tip: when the property is sold with a garage or storage room, ask for the deed to describe each element clearly. If this is not done, it may later be disputed which part was included in the price and which was not.
Common mistake: assuming that, because you were shown the storage room during the viewing, it automatically forms part of the sale and purchase. It must be written down.
### 3. Check the encumbrances and whether they affect the property you are buying
The Community of Madrid states that the simple note allows you to know about encumbrances such as seizures or mortgages. That reference is important, but in the deed you must confirm that what is being transferred is correctly described and that the encumbrances do not create doubts about the scope of the transaction. Sale and purchase of homes
It is not only a matter of knowing whether an encumbrance exists, but of checking:
1. Which encumbrance appears.
2. Whether it affects the whole property or a specific part.
3. Whether its cancellation or continuation has been предусмотрено.
4. Whether the encumbrance is linked to a specific appurtenance.
5. Whether the wording of the deed makes it clear what you receive free of charge and what you do not.
Important: not all encumbrances have the same practical effect. Some may already be set to be cancelled and others may require very precise wording. That is why, if in doubt, do not rely on a verbal explanation: ask for it to be set out in writing.
### 4. Compare the deed with the description of the property, without duplicating the simple note
Buying a home should not rely on a single quick reading. The deed must be consistent with the physical and legal description of the property. The practical information from the Community of Madrid expressly mentions the description, location, surface area, cadastral reference and horizontal division as elements that help identify the property. Sale and purchase of homes
Recommended steps before signing:
1. Read the full description of the property.
2. Check that the home you visit is the same as the one described.
3. Verify whether the cadastral reference and horizontal division appear correctly.
4. Check whether the appurtenances are individually identified.
5. Ask for clarification if there are differences between what was agreed and what is written.
Practical tip: if you detect a discrepancy between the deed and reality, do not downplay it. A typo in the description of a parking space or storage room may seem minor, but it later complicates registrations, changes of ownership and future sales.
### 5. What to do if something does not add up before signing
If, when reading the deed, you see that owners are missing, appurtenances are poorly described or encumbrances are unclear, act before signing. The prudent course is to ask for a correction or an express clarification. A clear deed avoids later amendments and reduces the risk that you buy something other than what you thought.
Practical steps:
1. Mark in red anything you do not understand.
2. Ask for each included appurtenance to be explained in writing.
3. Check that the owners selling are the correct ones.
4. Insist that encumbrances are described without ambiguity.
5. Do not sign if an essential doubt remains unresolved.
Common mistake: thinking that “that will be sorted out later”. In property matters, the most expensive thing is often correcting too late what could have been checked beforehand.
If you need a review tailored to your specific case, you can request guidance at /contacto. And if you want to check the indicative value of a property before moving forward with the purchase, you have /valoracion-vivienda-madrid. The online estimate is indicative, includes a range and PDF report and can be completed with an optional visit.
When an additional review is advisable
An additional review is particularly useful if the property has appurtenances, if there are encumbrances or if the deed describes elements you were not expecting. It is also sensible to be especially cautious when the property forms part of a complex horizontal division or when the seller acts on behalf of several owners.
Remember that this guide offers general guidance and does not replace individual advice on your specific deed. In property matters, a poorly drafted detail can have important practical effects even if it seems like a simple administrative item.
If you would like to come by the office, we are at Calle Montesa 29, Madrid, Monday to Friday from 10:00 to 15:00 and from 16:00 to 19:00.