Property Deeds
 

I have been told by an estate agent that the notarised deed of sale and other papers that I have for my property (bought in 1990) are no longer valid (not sure if they just mean they need to be registered with the Land Registry - the words used were 'you might as well bin those papers').
Is this correct? Have all Portuguese property owners had to get new documents of title?

thanks AndyD 8-)#

Re: Property Deeds
 

Certidões (certificates) and the like have a deadline just because they are dynamic documents where new entries are added as events related to the property happen. For instance when you buy a property a new line with your ID will be put in the certificates (and a new version should be requested), and that is why if you have an old one ... is correct good for the bin.

Most of this certificates can be get online.

Re: Property Deeds
 

I have:
# Certifica from Notary certifying photocopies of entries in notary's books (folhas) showing details of purchase.
# Registo Predial from Freguesa showing succession of ownership.
# Procuração Deed
# Banco do Portugal - Certificate of inward transfer of funds
# Caderneta Predial Urbana / Caderneta Predial Rustica - with plan showing location of property.

That's all I got in 1990.

AndyD 8-)#

Re: Property Deeds
 

Does your Caderneta actually detail your property not just its location. It should show yype of property, its size, size of plot etc.
We had to get ours done recently when we found out that the Caderneta on file was out of date in this respect.
Expect higher rates bill next year.

Re: Property Deeds
 

Yes it shows plot size, type of land, even a list of trees (which obviously is out of date). We have never paid any rates or taxes, but then the cottage has never been actually occupied.

AndyD 8-)#

Re: Property Deeds
 

f you sold your property yesterday, today all those documents are outdated, because the name of the new owner should be added

Re: Property Deeds
 

It does not matter that the property has never been occupied, there are taxes due on the land and on the habitable structure from day 1 of your purchase.
It sounds like whoever dealt with your original purchase slipped up big time.
The finacas are now red hot on sales and will want to know what happened between now and when you orignially completed the sale.

Re: Property Deeds
 

I'm flying out tomorrow to try and sort this out - it's been a very long time but I think I was told that the property is rural, pre-1951 (probably pre-1851) and the value was below the threshold for property taxes. Certainly we never received any tax demand.
So I guess I'll find out!

AndyD 8-)#

Re: Property Deeds
 

Changes in the law make it illegal for an agent to list a property for sale unless it is 100% legal.
All the paperwork has to be correct unless it is your property cannot be sold in addition any taxes due also have to have been paid.

Re: Property Deeds
 

Not necessarily, not imi [rates] at least.
Many buyers get 5 or 6 years relief of imi. I still haven't paid any, and I keep checking down at financas just to be sure.

If you mean the transfer tax, then of course you're right.

Re: Property Deeds
 

You only get relief if you are a RESIDENT and the property is your main residence,
Second home and holiday home owners do not qualify.

Re: Property Deeds
 

Are you sure about this ? My understanding was that entitlement varied depending on location (Some Camaras being more generous than others).

Re: Property Deeds
 

That is certainly what the law states.
We have bought two properties in different camaras and there was NO chance of any relief as we do NOT live in Portugal.

Re: Property Deeds
 

EMR is correct. It is not up a Camara to decide whether IMI is due or not. If you're not a resident there's no entitlement, its a law of the country.

Re: Property Deeds
 

Tax certificates (Caderneta Predial) can be obtained at any time if you have a tax access code. However the registo predial extracts can only be obtained by the owner for a period of six months as the access codes expire. Thereafter only certain professionals (Notaries, lawyers, etc.) have ready access to obtaining these certificates