The land registry extract in Menorca: what it is and why to check it before buying

The nota simple is an informative document from the Land Registry revealing who legally owns a property, what surface area is registered, and whether it carries mortgages, seizures or other charges. It costs a few euros, takes minutes to obtain, and is the first check any buyer should make before handing over money. This guide explains what information it contains, how to request it, and which warning signs to look for.

What exactly is a nota simple?

It is an informative extract issued by the Land Registry summarising a property's legal situation at the moment of issue — without certifying force, but with reliable, official information.

It differs from a registry certification in that the latter does carry evidential weight in court and costs more. For the pre-purchase stage, the nota simple is sufficient and is what buyers, estate agencies and lawyers routinely request.

What information does the nota simple contain?

The nota simple sets out the registered description of the property, the identity of the owner or owners with their percentages, and every charge affecting the property.

• Property description: registered surface area, boundaries, cadastral reference and registry details (property number, volume, book, folio).
• Ownership: who is listed as owner, in what percentage, and under what title they acquired it (purchase, inheritance, gift).
• Charges and encumbrances: mortgages, seizures, easements, resolutory conditions or tax liens.
• Restrictions: prohibitions on disposal, pre-emption rights or other registered limitations.

How is it requested and what does it cost?

It can be requested in person at the relevant Land Registry or online through the official registrars' portal, at a cost of around €10 in electronic format.

To request it, you need one of the following: the cadastral reference, the property's registry details, or the exact address together with the owner's name. Anyone can request one — you need not be the owner, nor justify any special interest beyond a legitimate one.

What charges can appear and what do they mean?

The most common charge is a mortgage, which does not prevent a sale provided it is cancelled at the moment of signing, but other charges such as seizures or resolutory conditions call for far more caution.

• Mortgage: common and manageable. It is cancelled using the sale price at the signing itself, and the notary ensures this happens.
• Seizure: indicates a debt of the owner being pursued judicially or administratively. Must be resolved before purchase.
• Easement: for example, a right of way benefiting a neighbouring property. Not always a problem, but its exact scope should be understood.
• Tax lien: a note warning that the property answers for any outstanding tax assessments from a previous transfer.
• Resolutory condition: allows a previous seller to recover the property if the agreed payment was never completed. Requires specific verification.

What if the registered surface area doesn't match reality?

It is relatively common for the registered surface area to differ from the cadastral or actual area, particularly in older homes or rural properties in Menorca, and the discrepancy should be clarified before buying.

Differences may stem from undeclared extensions, imprecise historical measurements or unregistered structures. Regularising the situation is possible through a declaration of new works or a surface rectification procedure, but it involves time and cost — and it is worth establishing who bears them before signing the deposit contract.

When should the nota simple be requested?

It is worth requesting twice: once before signing the deposit contract, to establish the starting position, and again in the days before the deed, to confirm nothing has changed.

The second check is not a formality: months can pass between deposit and signing, and new charges can be registered in that time. The notary performs this verification on the day of signing, but doing it in advance avoids last-minute surprises when everything is already arranged.

What is the difference between the nota simple and the cadastral record?

The Land Registry establishes ownership and legal charges, while the Cadastre describes the property's physical and fiscal reality; both should be consulted, because their data do not always match.

Where there is a discrepancy, the Registry prevails on ownership and rights, while the Cadastre is the reference for calculating taxes such as the IBI. Checking only one of the two therefore always leaves part of the picture unverified.

Frequently asked questions

Can I request the nota simple for a property that isn't mine?

Yes. Anyone with a legitimate interest can request one, and a prospective buyer's interest is considered sufficient. No owner authorisation is needed.

Does a mortgage on the nota simple prevent buying the property?

No. It is a common situation, resolved by cancelling the mortgage at the signing itself using part of the sale price. The notary verifies the cancellation is carried out correctly.

How long is a nota simple valid for?

It has no official expiry date, but reflects the position at the moment of issue. That is why an updated one should be requested in the days before signing the deed.

What if the property isn't registered at the Land Registry?

This occurs with some older rural properties. The purchase is more complex and riskier, as there is no registered record of ownership. Specific legal advice is essential before proceeding.

Does the nota simple show community fee debts?

No. Debts to the owners' association are not entered in the Registry, so a separate certificate confirming payments are up to date must be requested from the building's administrator.

Conclusion

The nota simple is the cheapest and most valuable check in the entire buying process: for a few euros it reveals who really owns the property and what charges it carries. Requesting it before handing over any deposit should be an automatic step in any transaction.
At Fincas Venalis, we verify the registry status of every property before listing it, so our clients know the legal reality of the property from the outset.

More information: venalismenorca.com/en/