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Burdens and Embargoes
on Properties in Spain

Introduction

Burdens and embargoes are among the most important risk factors when buying property in Spain. They can block a sale, reduce the property’s value, or create significant financial obligations. AMV coordinates the full legal review together with our licensed Spanish lawyer to protect clients from legal and financial risks.

What Are Burdens and Embargoes?

  • Burdens (cargas): Land Registry entries that grant rights to third parties, such as mortgages, easements, or liens.

  • Embargoes: Judicial or administrative seizures due to outstanding debts, recorded as an anotación preventiva and capable of blocking a sale.

Typical Types of Burdens

  • Mortgages (Hipotecas): Loan securities that remain registered until fully cancelled.

  • Easements (Servidumbres): Rights of way, utility rights, usage rights.

  • Tax burdens: Outstanding IBI, Plusvalía, or municipal debts.

  • Embargoes: Judicial or administrative seizures due to unpaid debts.

  • Anotación de demanda: Registry note indicating ongoing legal proceedings affecting the property.

How to Identify Burdens – The Verification Process

The review is carried out through the Spanish Land Registry (Registro de la Propiedad) and municipal records.

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Key documents:

  • Nota Simple

  • Certificado de cargas

  • Municipal records (licence status, fines, open procedures)

  • Tax certificates (IBI, Plusvalía) All formal requests are submitted through our licensed Spanish lawyer.

Risks for Buyers and Sellers

  • Blocked transfer of ownership

  • Liability for outstanding debts

  • Reduction of property value

  • Delays at the notary

  • Difficulties obtaining financing

  • Lengthy cancellation procedures in the Land Registry

AMV Client Workflow (Step‑by‑Step)

  • Client grants AMV a mandate – power of attorney is reviewed.

  • AMV instructs our Spanish lawyer – retrieval of Nota Simple & Certificado de cargas.

  • Joint review – burdens, taxes, municipal requirements, ongoing procedures.

  • Report to the client – clear recommendation: proceed, renegotiate, or withdraw.

  • Contract clauses – retentions, deadlines, cancellation proofs; drafted by the lawyer.

  • Notary appointment – AMV accompanies; lawyer supervises correct registration of the Escritura.

Solutions for Existing Burdens

  • Price negotiation or retention until cancellation

  • Written cancellation commitments from the seller

  • Escrow arrangements

  • Negotiation with creditors via the lawyer

  • Monitoring of the cancellation in the Land Registry after purchase

FAQ – Frequently Asked Questions

Can you buy a property with burdens?

Yes, but only with clear safeguards and legal review.

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Who pays for the cancellation of a mortgage?

Usually the seller.

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How long does cancellation take?

Depending on the procedure: weeks to months.

Contact

AMV INTERNATIONAL REALTY

Legal & Processes – Due‑Diligence Review for Properties on Fuerteventura

Oliver Schlolaut

+34 608 360 694

info@amv-immo.net

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