TITLE INSURANCE IS A SMALL PRICE TO PAY FOR TOTAL PEACE OF MIND!

We offer Title Insurance underwritten by Genesis-Melife in Spain. For a once off small premium of £199.95, the policy will protect you against the effects of unknown title defects for 20 years.

The highest and most efficient standards of title examination and land title registration in any country - including Spain can fall short of expectations. Mistakes can and will be made regardless of how prudent the lawyers and professional advisors are, and how rigorous the land registration may be:

1. "Regrettably this was not spotted at the time"

The Notario or the Land registry may accidentally fail to notice someone else's rights against the property - for example:

1. An unpaid mortgage.
2. A court order affecting the property.
3. Rights of way over the property.
4. Rights of drainage under or over the property.
5. Rights of previous owners to come on the land.
6. Inheritance rights.
7. Rights of a former owner's spouse.
8. Other rights not properly recorded at the Land Registry.

2. "Didn't anyone tell you about this?"

A property owner may not have any remedy against the Notario or the Land Registry in respect of some challenges to ownership. The adverse claim may be beyond their control in which event there is no liability. The Land Registry may even refuse an improper ownership deed (Escritura). Examples would be:

1. Encroachment by a neighbouring property.
2. A court order overturning the ownership deed.
3. A third party imposing a continuing obligation on the seller.
4. Title defects which were unknown or unregistered at the time of purchase, such as:
   • Lack of access to the property or garage.
   • Lack of rights for drains to pass under adjoining properties.
   • Tenancies that were not disclosed.
   • Undocumented rights affecting the use of the property.

3. "The Municipality regrets to remind you"

Examples of unknown claims by the local authority could include:

1. Proceedings stating that the construction of the property or an extension to or conversion of a part of the property is lawful because of the previous owner failed to:
   • Obtain planning permission and/or building regulation permits.
   • Comply with the conditions attached  the planning permission  and/or building regulation permits.
2. Notification of a pending demolition order, Refurbishment order or compulsory purchase order.
3. A municipal development plan adversely affecting the property.

4. "I would never have considered buying the property had I know that."

Title insurance covers certain issues. Which whilst not strictly affecting the ownership of the property, nonetheless would have influenced a decision to buy the property. For example:

1. Inaccurate measurement of the surface area of the property.
2. Boundary discrepancies.
3. Lack of telecommunication services.

5. "Im sorry, but the seller didn't have any authority to sell"

Title insurance covers:

1. Fraudulent acts and misrepresentations by the seller:

• where it is subsequently shown that the seller was at the time of the sale.
• Bankrupt.
• Mentally Incapable
• Having no capacity to sell the property.
• Acting outside the scope of his or her authority.