Land Registry, Cadastre and Nota Simple on Mallorca

Why this check is so important

Many international buyers initially rely on the brochure, viewing and price negotiation. However, the legal reality is recorded in the Spanish registers. What matters is not just whether a house looks nice or can be found in the cadastre, but whether the seller, plot, building, areas and encumbrances match up cleanly.

On Mallorca, older fincas, rural plots, subsequent extensions, pools, driveways, multiple parcels and historical register descriptions are common. Therefore, every purchase check should compare at least three document levels: the Land Registry, the Cadastre and the current Nota Simple.

The Land Registry: legal ownership and encumbrance situation

The Spanish Land Registry is called Registro de la Propiedad. It records rights over properties, in particular ownership, mortgages, usufruct, easements, rights of way, judicial attachments, disposal restrictions and other in rem rights.

The Land Registry is organised by individual finca registral. This register unit is not always identical to the cadastral parcel. A registered finca may comprise several cadastral parcels; conversely, a cadastral parcel may historically correspond to several register fincas.

For buyers, the Land Registry is central because the registered rights generally have legal effect. It shows who is registered as owner, what share that person holds and whether third-party rights exist. In the case of a mortgage, registration is particularly important.

The Cadastre: physical, fiscal and cartographic description

The Spanish Cadastre is called Catastro Inmobiliario and is managed by the Ministry of Finance. It is an administrative register for plots and buildings. It contains, among other things, location, cadastral reference, use, area, graphic representation, cadastral value, reference value and the cadastral holder.

The Cadastre is primarily important for tax, identification and cartographic description. However, it is not the same as proof of ownership. If the Cadastre and Land Registry differ regarding the owner, the Land Registry generally carries decisive weight for legal ownership verification.

The cadastral reference must be stated in property transactions. The notary usually obtains a descriptive and graphic cadastral certificate and checks whether the cadastral description matches the Land Registry, deed and actual property.

The Nota Simple: the first mandatory check before purchase

The Nota Simple Informativa is a current, informative extract from the Land Registry. It typically contains the identification of the property, the registered owner(s), the type and scope of registered rights, and existing encumbrances or restrictions.

Important: The Nota Simple is informative and does not prove the register content with the same formal force as a Land Registry certification. Nevertheless, it is the central working document for the purchase check. Before notarisation, the notary additionally requests current register information.

International buyers should never accept a Nota Simple solely from the seller or agent, but should obtain it currently via the official route or through their own lawyer or notary. For legal assessment, the Spanish version remains authoritative.

What buyers should check in the Nota Simple

• Owner: Does the name, ID number, company details and ownership share match the seller and purchase contract?
• Finca registral: Do the register number, CRU/IDUFIR, municipality, description and address match the property actually viewed?
• Area: Are there discrepancies between the Land Registry area, cadastral area, survey, brochure and actual use?
• Mortgages: Is there a registered mortgage? If so, it must be clearly regulated whether it will be cancelled before or upon payment of the purchase price.
• Attachments and prenotations: Embargos, judicial notes or tax claims can significantly affect the acquisition.
• Easements and rights of way: Check whether access rights, utility rights, water rights or rights of way are registered or precisely missing.
• Usufruct and right of habitation: A registered usufruct may mean that the buyer acquires ownership but cannot freely use the property.
• Disposal restrictions: Prohibitions on sale, conditions, rights of withdrawal or other restrictions must be understood before signing.

Area discrepancies: normal, but not harmless

Discrepancies between the Land Registry and Cadastre are not unusual in Spain. Since the reform by Law 13/2015, the Land Registry and Cadastre can be coordinated via a georeferenced graphic representation. If a finca is coordinated with the Cadastre, the location, boundaries and area of the registered graphic representation are legally much more secure.

A discrepancy is not automatically a deal breaker. However, it must be assessed: Is it an old inaccurate register description, an incomplete cadastral map, an unregistered extension, an incorrect boundary or even use of third-party land?

For larger or conflict-prone discrepancies, a surveyor or architect should be engaged before purchase.

Typical discrepancies on Mallorca

• Old finca descriptions: The Land Registry contains a historical, very brief description without precise boundaries; the Cadastre shows a modern parcel map.
• Multiple parcels: A rural property economically consists of several cadastral parcels but only one or several register fincas.
• Non-matching areas: The brochure states living area, the Cadastre gross building area, the Land Registry a different built area and the survey yet other values.
• Extensions and pools: Terraces, outbuildings, pools or extensions appear in the Cadastre but are not traceable as a new building declaration in the Land Registry.
• Condominium: In apartments, private area, common areas, terraces for exclusive use, parking spaces and storage rooms may be registered separately or only partially.
• Access over third-party land: The actual access has been used for years, but a registered right of way is missing or inaccurately described.
• Old mortgages: A loan is economically repaid, but the mortgage was never cancelled notarially and in the Land Registry.
• Outdated cadastral holder: The Cadastre still lists former owners or heirs, while the Land Registry is more current.

Mortgages, encumbrances and rights of way

A registered mortgage does not disappear because the seller verbally states that the loan is paid. For buyers, what counts is the cancellation in the Land Registry. In practice, upon sale, part of the purchase price is often used directly to repay the bank; subsequently, the cancellation deed is prepared and registered.

For rural properties, access is also sensitive. A drivable road in reality does not automatically mean that a legally secured right of way exists. Buyers should have it checked whether the access leads over public roads, own land or third-party land.

What the Land Registry and Cadastre do not fully clarify

A clean Nota Simple does not replace a full due diligence. The Land Registry does not automatically show all urban planning risks, building permits, use restrictions, tourist rental licences, outstanding community fees, energy certificates, habitability issues or municipal procedures.

Especially for fincas, older houses and properties outside built-up areas, additional checks should be made: building permits, new building declarations, urban planning status, possible violations, water and electricity supply, development, habitability certificates and, where applicable, coastal, landscape or monument protection.

Recommended check procedure for buyers

1. Obtain a current Nota Simple directly from an official source or through your own legal advisor.
2. Check owner, finca registral, CRU/IDUFIR, address, areas and encumbrances.
3. Compare the cadastral reference and the descriptive and graphic cadastral certificate.
4. In case of area discrepancies, professionally reconcile the survey, cadastral graphic and Land Registry description.
5. Clarify mortgages, attachments, easements, rights of way and use rights before contractual commitment.
6. Stipulate in the purchase contract which encumbrances must be cancelled and which the buyer assumes.
7. Before signing, have the notary obtain current register information.
8. After signing, ensure that the purchase deed is promptly submitted to the Land Registry and that the registration is followed up.

Conclusion

The Land Registry, Cadastre and Nota Simple fulfil different tasks. The Land Registry protects the legal ownership and encumbrance situation. The Cadastre describes the property fiscally, physically and cartographically. The Nota Simple is the quick, indispensable register extract for the purchase check.

For international buyers on Mallorca, the most important step lies in comparing this information. Only when the owner, areas, buildings, encumbrances and access match or can be cleanly rectified is the property legally ready for purchase.