questions to ask before buying a house

Most common doubts in the deed of property

Property

When buying a property, there are always the most diverse doubts regarding the deed of the property. This document is essential to prove that you are the true owner and to ensure that the property is transferred in your name.

We separate the most frequently asked questions and explain everything to you. Check out!

 

How to register a property?

The registration of a property is done at the Real Estate Registry Office, where any and all information about real estate is registered. It is necessary to bring your personal documents, the property deed and property documentation.

Read our complete walkthrough and learn how to register your property from start to finish.

 

What is the form of payment for the deed?

The deed must be paid at once at the Notary Office. In general, it is possible to pay by check or cash and the amount depends on the value of the property and the type of deed.

 

What is the difference between property registration, certificate, transcription and deed?

This is a very common question. The deed records the purchase and sale transaction, that is, it is the official contract signed between the buyer and seller at the Notary Office, with all the characteristics of this negotiation. The registration, in turn, only takes place after the signing of the deed at the Real Estate Registry Office, and marks the definitive transfer of ownership.

The property registration certificate is the document which contains all the acts performed (registrations, registrations, debts, etc.) within a certain period. It can be positive, when some type of lien is on the property (attachment, mortgage, usufruct, etc.), or negative, when there is no lien on the property. Transcription is more related to old properties. Until 1975, everything that happened with the properties was manually transcribed in the Transcription book, being a registration model that evidenced the personal data and the property itself was figured only as the object of that registration.

For this reason, the transcripts presented a very precarious description regarding the property. Furthermore, in the transcript records, when a property underwent a change of ownership, a new transcript number was generated and the previous one was finalized, unlike the registration number.

 

Why do I need a Public Deed to buy, sell or donate my property?

It is this document that guarantees the subsequent transfer of ownership to your name and opens the possibility of legal discussion on the property if necessary in the future. Furthermore, the deed is provided for in our Civil Code, making it mandatory for the concrete negotiation of the property.

 

Why do I need to register the Public Deed for the purchase and sale (or donation) of property?

Because you only become the owner of the property under Brazilian law when you register it in your name at the Real Estate Registry Office and for that, it is not enough to sign the deed, you have to “put public faith” in the document and register it in the registry .

 

Can I transfer the property to a third person without first registering the deed I have in my name?

No. The Public Registry Law requires that the entire sequence of real estate transfers be registered in the property registration with the real estate registry, so that there is a continuity of transfers – the famous principle of continuity.

Is it possible to take a copy of the registration or deed?

The duplicate of these documents can be obtained at the Real Estate Registry Office, just request and pay a fee, which varies from office to office.