Re: Winter 2016 | Page 80

This five hundred or so year old property remained in Don Isidro’s family for some 200 odd years until his grandchildren decided to sell it. The proposed sale of this property made regional headlines and was given a lot of publicity. The sale came at a time when Spain was suffering a rather challenging economic climate. What stemmed from initial curiosity and an enthusiastic viewing of the interior turned into almost immediate negotiations with the sellers. In little time we found ourselves to be the proud owners of Casa Pondal de Laxe and with this purchase, we had bought not only a house, but a piece of history. The property proudly boasts of traditional Galician features, such as an ample stone walled hallway with a fully functioning well. The traditional “Galerias” (windowed balconies) are a feature quite characteristic of this region and the library is a particular beauty spot, as it looks out onto the unspoilt view of the beach, where one can imagine Don Isidro spending a lot of his time writing his journals. As a property solicitor in the UK, being able to draw comparisons between the conveyancing processes in one country to another is invaluable. From the outset we were already mindful of the proposed work required, the necessary consents, as well as all of the additional expenses that go with buying a property abroad. From my experience, if you are looking to buy in Spain, the process is quite different to that here and you must tread carefully. Aspects of conveyancing such as drawing up the deed, witnessing the signatures and ensuring purchase money is paid to the seller, can only be performed by a public notary “Notario”. A notary represents the government and one of his main tasks is to ensure that state taxes and fees are paid on completion. A notary, almost certainly does not act in the interests of the seller/ buyer and thus will not act as your conveyancer. A notary will not verify the accuracy or content of a contract or even protect you against fraud, but he will however certify the identity of the parties and may arrange for the registration of the property into the new owner’s name. As a foreign buyer you shouldn’t expect your notary to speak English either, although many do, you may need a bilingual solicitor or an interpreter to assist. A notary is required to check the property register - the name of the title holder, description of the property, and any charges or encumbrances against it before the signing of the deed. Therefore, if you are looking to 78