Best Conveyancing Lawyers in Chile

About Conveyancing Law in Chile

Conveyancing in Chile refers to the legal procedures involved in the transfer of real estate property from one person or entity to another. This process is highly formalized and must comply with detailed statutory requirements to ensure that the transfer of ownership is valid and legally binding. In Chile, conveyancing typically involves a notarial deed (escritura pública), registration with the Real Estate Registry (Conservador de Bienes Raíces), and the payment of applicable taxes and fees.

Why You May Need a Lawyer

Although some aspects of conveyancing may seem straightforward, hiring a lawyer for conveyancing in Chile is strongly recommended. Common situations where legal help is beneficial include:

• Buying or selling property, especially if the parties are not familiar with Chilean law
• Handling inheritances or property succession
• Resolving disputes around property boundaries or titles
• Drafting or reviewing real estate contracts
• Ensuring due diligence before acquisition
• Facilitating transactions for foreigners or non-residents
• Assisting with mortgage registration or cancellation
• Representing clients before public registries and notaries

Local Laws Overview

The conveyancing process in Chile is regulated by the Civil Code, the Mortgage Law, and cases in Chilean jurisprudence. Here are key aspects to be aware of:

• Formality Requirements: Transfers of real estate must be executed as a public deed before a notary public.
• Registration: The change of ownership is only effective against third parties once registered with the Real Estate Registry (Conservador de Bienes Raíces) in the relevant jurisdiction.
• Encumbrances and Liens: Properties may have mortgages, easements, or other restrictions, which must be checked and cleared before transfer.
• Due Diligence: It is essential to verify the seller’s legal ownership, property status, debts, building permits, and tax record.
• Taxation: The buyer typically pays a transfer tax (Impuesto al Registro de Propiedades), and other fees may apply.
• Certificate of Title: Requesting a property title certificate (Certificado de Dominio Vigente) is necessary to verify ownership and any encumbrances.
• Real Estate Agents: While agents can assist, only lawyers and notaries are legally authorized to manage the formal process.

Frequently Asked Questions

What is the role of a notary public in Chilean conveyancing?

A notary public drafts and authenticates the public deed for the property transfer. The notary ensures that both parties understand and agree to the terms and checks the identities and legal capacity of those involved.

Is it mandatory to register a property transfer with the Real Estate Registry?

Yes, registration is required. Ownership is not considered transferred until the transfer is registered in the appropriate Real Estate Registry, even after signing the public deed.

Can foreigners own property in Chile?

Yes, foreigners have nearly the same property rights as Chileans. Certain restrictions may apply in border zones or for agricultural land, and additional due diligence may be needed.

What documents are needed to buy a property?

Typically, you will need a public deed of sale, a property title certificate, certificates showing the property is free of debts and restrictions, and personal identification documents.

How long does the conveyancing process take?

The process can take several weeks, depending on document availability, registry processing times, and the complexity of the transaction.

Who pays the taxes and fees involved in a property transfer?

Generally, the buyer pays the property registration tax and notarial fees, although parties can negotiate how to split costs.

How can I verify that the property is free of debts or legal issues?

Your lawyer will obtain certificates from the municipality, tax offices, and the Real Estate Registry showing the property’s legal status, debts, and any liens.

Can I give someone power of attorney to buy or sell property in Chile?

Yes, you can appoint a legal representative by way of a power of attorney (poder), which must also be notarized and comply with legal requirements.

What protections exist if a property is found to have defects after purchase?

The law allows claims against sellers for hidden defects (vicios ocultos), subject to specific time limits and requirements. Legal advice is recommended to navigate potential remedies.

What happens if there is a dispute about boundaries or title after purchase?

Disputes can be resolved through negotiation, mediation, or court proceedings. A lawyer can help assess the situation and represent your interests before the relevant authorities.

Additional Resources

If you need further information, consider consulting the following resources:

• Chilean Ministry of National Assets - Offers guides and assistance related to public lands and property rights
• Real Estate Registries (Conservador de Bienes Raíces) - Each region has an office for registration and information on real estate transactions
• Chilean Bar Association (Colegio de Abogados de Chile) - Directory of licensed attorneys experienced in conveyancing
• Service of Internal Revenue (Servicio de Impuestos Internos, SII) - Information about property taxes and transfer fees
• Municipalities - Local offices can provide details about zoning and municipal taxes, and certify property payments
• Official Public Notary Directory - Find certified notaries to assist with property transactions

Next Steps

If you are considering buying or selling property in Chile, here is what you can do next:

1. Begin by gathering the property’s basic documentation, such as previous deeds and title certificates.
2. Consult with a qualified Chilean conveyancing lawyer to review documents and potential legal risks.
3. Verify the credentials of your lawyer and ensure they are registered with the relevant professional bodies.
4. Request title searches and municipal certificates to confirm the status of the property.
5. Coordinate with a notary public for the drafting and signing of the public deed.
6. Attend the registration at the Real Estate Registry or instruct your lawyer to do so.
7. Pay any applicable taxes or fees promptly to avoid delays.
8. Retain copies of all documents and certificates for your records.

Professional legal guidance is essential for successful conveyancing in Chile. Early consultation with a lawyer can help protect your interests, avoid common pitfalls, and ensure each step of the process is completed accurately and lawfully.