Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Free Guide to Hiring a Real Estate Lawyer
Conveyancing covers the legal steps required to transfer ownership of real estate - houses, land, commercial properties - from one person or entity to another. In Hernandarias, a city in the Alto Parana department of Paraguay, conveyancing follows Paraguayan national rules together with local registration and tax procedures. Typical stages include pre-contract due diligence, drafting of sale documents, execution before a notary public, payment of transfer taxes and fees, and final registration of the new title at the public property registry. Transactions are usually conducted in Spanish and often require coordination among a lawyer, a notary public, the property registry, and municipal offices.
Using a qualified local lawyer helps you avoid common risks and ensures the transaction is legally binding and properly recorded. You may need a lawyer if you are:
- Buying property and want a full title search, verification of encumbrances, and drafting or review of contracts.
- Selling property and need help preparing the escritura publica and ensuring full payment and release of liens.
- Entering into a promesa de compraventa or a complex sale with conditions, instalment payments, or financing.
- Dealing with inherited property, succession matters, or co-ownership disputes.
- Receiving or granting a mortgage or managing foreclosures and creditor claims.
- A foreign buyer or seller who needs help with translations, compliance checks and local restrictions.
- Transferring property held by a company or trust and you need corporate due diligence and authority checks.
Key legal features relevant to conveyancing in Hernandarias and Paraguay include:
- Public deeds and notary formalities - Major property transfers are typically executed as a public deed (escritura publica) before a registered notary public. The notary certifies the identities of the parties and the content of the deed.
- Registration requirement - Title transfer only takes full effect against third parties once the deed is registered in the local Registro de la Propiedad Inmueble. Always confirm registration details and any existing entries on the title.
- Title and encumbrance searches - A due diligence search should identify mortgages, liens, attachments, usufructs, embargoes and other encumbrances. A certificate of gravamen or an extract from the registry is essential.
- Cadastral data and municipal matters - Verify cadastral references and municipal records, including property boundaries, zoning and unpaid municipal taxes or rates. The municipal office in Hernandarias may issue required certificates.
- Taxes and fees - Transactions commonly involve notary fees, registration fees, and taxes. Buyers and sellers should clarify who pays which charge. Also confirm annual property tax status before completing the sale.
- Foreign buyers - Foreigners generally can acquire property, but there may be special rules for areas near national borders or strategic zones. Foreign purchasers should get legal advice to confirm any limitations or additional steps.
- Corporate transactions - When a company is buyer or seller, verify the company registration certificate, the power of attorney of its representatives and compliance with company formalities.
- Anti-money-laundering and identification - Notaries and lawyers carry out identity verification and may require documentation to satisfy anti-money-laundering obligations.
Common documents include a valid identification document or passport, proof of legal capacity for companies, the seller's title documents, a current certified extract from the Registro de la Propiedad Inmueble, a cadastral certificate, proof of payment of property taxes, and any certificates showing absence of liens. Your lawyer or notary will provide a precise checklist.
A promesa de compraventa is a preliminary promise to sell and buy. It commonly sets the price, payment terms and a date for the final deed. If properly drafted and signed, it is a binding contract that can include penalties for breach. Legal advice is recommended to define deposit terms and default remedies.
Yes. Notaries prepare and certify the public deed and verify identity and signatures. They are also involved in certain filing and registration formalities. The public deed is typically required for final transfer and registration.
Times vary based on the complexity of the transaction, outstanding encumbrances, and administrative processing times. A straightforward sale with clear title can be completed in a few weeks once documents and payments are in order. Transactions involving due diligence, mortgage releases or succession matters can take several months.
Buyers should request a title registry extract, a certificate of encumbrances, a cadastral certificate, proof of payment of municipal and national taxes, and, if applicable, certificates relating to mortgages and legal claims. A physical inspection and boundary verification are also important.
Negotiation determines who pays which fees. Common practice is that buyers pay registration costs and some taxes, while sellers may pay capital gains taxes or other taxpayer liabilities. Notary fees are generally shared or assigned by agreement. Confirm payment obligations in the contract.
Generally yes, foreigners can buy property in Paraguay. However, certain restrictions may apply in sensitive border or strategic zones. Foreign buyers should obtain local legal advice to confirm compliance and to handle tax and residency implications.
Mortalges and liens appear as encumbrances on the registry. A buyer should ensure any existing mortgage is formally released or that the buyer assumes or pays it at closing. Sellers must provide evidence that liens are cleared or that escrow arrangements exist to settle them at transfer.
If the owner is deceased, the property might need to pass through a formal succession process. The heirs must be legally identified and authorized to sell. Your lawyer will advise on the required succession documentation and whether a court procedure or a notarial succession is necessary.
Request cadastral plans and, if necessary, hire a licensed surveyor to confirm the boundaries on the ground. Surveys help prevent disputes and ensure that the registry description matches physical reality. Your lawyer can advise on resolving discrepancies before purchase.
Consider contacting the following local and national bodies and professional organizations for assistance or information:
- The local Registro de la Propiedad Inmueble office - for title extracts and registered encumbrances.
- Municipalidad de Hernandarias - Office of Catastro and Hacienda - for cadastral data, municipal tax status and local permits.
- Local notaries public - for drafting and certifying the escritura publica.
- Colegio de Abogados del Alto Parana - for referrals to qualified local lawyers experienced in property law.
- Ministerio de Justicia - Dirección General de los Registros Públicos - for broader information on public registries and formal requirements.
- Licensed surveyors and cadastral offices - for boundary surveys and cadastral certification.
- Local real estate professionals - for market information, but always verify legal issues with a lawyer.
If you need legal assistance with a conveyancing matter in Hernandarias, follow these practical steps:
- Gather available documents - ID/passport, any title or sale documents, tax receipts and cadastral references.
- Compile a clear summary of the transaction and your objectives - buying, selling, succession, mortgage, or dispute resolution.
- Contact a local lawyer with experience in Paraguayan property law - ask for a written engagement letter that explains fees, services and expected timeline.
- Request a full due diligence report - title extract, encumbrance search, cadastral verification and tax status checks before signing any contract.
- Negotiate and document key terms in writing - price, payment schedule, who pays taxes and fees, delivery date and remedies for breach.
- Arrange for notarization and registration - coordinate with the notary and the Registro de la Propiedad Inmueble to ensure the deed is registered promptly after closing.
- Keep records - retain copies of all contracts, receipts, notarial deeds and registration certificates for future proof of ownership.
If you are a foreign national or the transaction is complex, prioritize legal and tax advice early in the process to reduce risk and avoid delays. A local lawyer will guide you through Paraguayan procedures and ensure your rights are protected during the transaction.
