Illeslex Abogados, real estate law in Mallorca.
In 2019 the General Directorate of Registries and Notaries (DGRN) established the parameters to be able to understand the fact that in Spain the sale of real estate located in the national territory through deeds made by foreign notaries cannot be valid. They are parameters that without any doubts serve for this purpose.
In the case presented that gave rise to the criterion to be followed, in which a lawyer intended to buy a property in Spain through a power of attorney granted by a notary in Sweden, the validity of such power was analyzed based on the necessary concurrence of a series of requirements that must be given so that the documents ratified before foreign notaries are valid in our national territory.
In this case, what is really important, and that should be an object of interest, is the fact that although both the foreign documents themselves and the authorities that issue them meet the requirements required by law so that they are valid in Spain, they produce effects and can be inscribable in public registries, thus complying with the instructions imposed by the different states in order to facilitate the international circulation of legal documents, it should be understood that when we are dealing with documents that must be registered in the Property Registry, sales authorized by foreign notaries they cannot be valid. And this is so for the simple fact that foreign notaries will not be able to carry out their work and coordination with the rest of the administrations in order to be able to carry out an adequate control of the legality of those properties that they intend to register. Since, without a doubt, they escape their radius of action, as they are in territories on which they cannot act or it is almost impossible for them, as they are under the authority of another country and another order.
Victor Quiros
ILLESLEX
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