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Free Guide to Hiring a Real Estate Lawyer
Conveyancing is the legal process that transfers ownership of real estate from one party to another. In San Miguel, a comuna in the Santiago Metropolitan Region, conveyancing follows the same national Chilean legal framework that governs property transactions across the country, combined with local municipal and registry practices. Typical steps include preparing and reviewing contracts, drafting and notarizing a public deed - known in Chile as an escritura pública - and registering that deed in the Conservador de Bienes Raíces to perfect and publicize the transfer of title.
Because Chilean property law places strong emphasis on formalities - notarization, registration and documentary proof of a chain of title - a successful conveyance requires careful due diligence, knowledge of municipal planning rules, tax and fee obligations, and coordination with notaries and the land registry. Local specifics in San Miguel - such as municipal permits, land use restrictions and the practical functioning of the local Conservador office - also affect timing and requirements.
Buying or selling property is one of the most important financial transactions most people make. A lawyer experienced in conveyancing provides legal protection and reduces risk. Common situations where legal help is advisable include:
- Buying a home or commercial property where title defects, liens, or outstanding mortgages may exist.
- Selling property and needing to ensure correct transfer of title, clearance of encumbrances, and proper drafting of the deed.
- Inheriting property and needing to confirm heirs, prepare successions and register transfers.
- Taking or granting a mortgage, or renegotiating secured financing, where wording, priority and registration are essential.
- Regularizing informal or undocumented improvements, subdivisions, or illegal constructions that require municipal permits and a legal strategy to obtain final reception.
- Resolving boundary disputes, adverse possession claims, easements and servitudes.
- Dealing with forced sales or auction purchases, where extra checks and specific procedural steps apply.
Lawyers help by doing title searches, identifying risks, preparing and reviewing contracts, handling notarial and registration steps, advising on tax and municipal obligations, and coordinating with other professionals such as notaries, surveyors and accountants.
Conveyancing in San Miguel is governed primarily by Chilean national laws, applied locally. Key legal and administrative elements to be aware of include:
- Civil Code and property rights - The Civil Code contains the basic rules on ownership, real rights, possession and obligations related to property. Understanding these rules is essential when reviewing titles, easements and servitudes.
- Notarial formalities - Many property transactions must be executed as an escritura pública before a Notario Público. Notaries authenticate signatures, ensure formal requirements are met and record the deed for later presentation to the Conservador.
- Registration with the Conservador de Bienes Raíces - Title is perfected and made public by inscription in the Conservador. Certification of dominio vigente, gravámenes y prohibiciones, and other registry certificates are standard documents in any transaction.
- Urban planning and building regulations - The Ley General de Urbanismo y Construcciones and local municipal ordinances regulate zoning, permitted land use, building permits and final reception of works. Before buying, check municipal requirements and whether existing structures have proper permits and final certificates.
- Copropiedad and condominium law - For apartments and other shared-property schemes, the law on copropiedad inmobiliaria sets rules on administrators, bylaws, common expenses and voting. Verify the status of administration and contributions when buying within a condominium.
- Tax and municipal obligations - Property-related taxes, contribution payments and potential capital gains tax may apply. The Servicio de Impuestos Internos (SII) and the Municipalidad of San Miguel are relevant authorities for tax and local contributions.
- Succession and family property rules - Transfers by inheritance or by family agreement follow separate procedures and may require succession proceedings before registration.
At minimum, you will need valid identification, a preliminary contract (if applicable), the escritura pública when it is prepared, and registry certificates such as certificado de dominio vigente and certificado de gravámenes y prohibiciones from the Conservador de Bienes Raíces. The Notario and your lawyer will request additional documents like municipal permits, comprobantes de contribuciones, and proof of payment of any outstanding obligations.
An escritura pública is a public deed executed before a Notario Público. In Chile, many property transfers must be formalized through an escritura pública. The escritura records the terms of the transaction, identifies the parties, describes the property and contains the signatures authenticated by the notary. It is the document that you register in the Conservador to transfer ownership officially.
The Conservador de Bienes Raíces is the land registry office where property deeds are registered. Registration makes the transfer public and protects the new owner against third parties. Before buying, lawyers obtain certificates from the Conservador to show current ownership, liens, mortgages, and prohibitions that affect the property.
Timing varies. Notarial formalities are often completed in days to weeks depending on the parties and the notary. After signing, inscription in the Conservador can take from a few days to several weeks depending on the Conservador`s caseload and whether additional documents or clarifications are required. Complex cases with title issues or municipal irregularities take longer.
Common issues include outstanding mortgages and liens, errors or gaps in the chain of title, incomplete or missing municipal permits for constructions, unresolved partition or succession matters, and clerical errors in prior deeds. A lawyer performs due diligence to uncover these problems and advise on remedies.
Who pays what is negotiable and should be agreed in the sale contract. Typical costs include notary expenses, Conservador registration fees, real estate brokerage commissions (if any), and possible taxes. There may also be tax obligations such as capital gains for the seller or transfer-related taxes or municipal contributions. Always clarify payment responsibilities in writing and consult a lawyer or tax adviser about potential tax liabilities.
Yes, properties may be sold at judicial or administrative auctions. Auctions carry additional legal risks - title defects, possession disputes and limited opportunity for inspection. If you consider buying at auction, obtain legal advice beforehand, perform as much title research as possible, and understand the auction rules and registration requirements.
Request the municipal certificates and permit files from the Municipalidad de San Miguel. A competent lawyer or architect can review whether a property has valid building permits, pending infractions, or a final reception certificate. Lack of permits can complicate registration and future resale, and may require legal or administrative steps to regularize the property.
If a lien, mortgage or other encumbrance appears, the parties should consult the contract terms regarding clearance or rescission. Often the seller must clear encumbrances before registration, or the sale price may be adjusted. If the contract included warranties about a clear title, your lawyer can pursue remedies for breach of contract. Preventive due diligence before signing reduces this risk.
Inheritance transfers typically require succession procedures. If heirs agree and the succession is straightforward, the property can be transferred by escritura pública and registration after the relevant succession formalities are completed. Where disputes exist or the succession is contested, judicial proceedings may be necessary. A lawyer experienced in successions can guide the heirs through the options and registration steps.
For further information and official procedures, consider these local and national institutions and sources of assistance:
- Conservador de Bienes Raíces - the land registry office that issues certification of ownership and records deeds.
- Municipalidad de San Miguel - municipal offices handle urban planning, building permits, municipal contributions and local certificates.
- Servicio de Impuestos Internos - the tax authority for questions about property taxes, potential capital gains and fiscal valuation.
- Notario Público - notaries formalize public deeds and authenticate signatures.
- Colegio de Abogados de Chile and local bar associations - for verifying lawyer credentials and locating attorneys who specialize in real estate law.
- Ministerio de Vivienda y Urbanismo - for national housing policy, urban planning rules and information about building regulations.
- Servicio de Registro Civil e Identificación - for civil status certificates and identity documents required in many transactions.
- Consumer protection offices and industry bodies - for queries about real estate developers, consumer rights and disputes related to real estate contracts.
If you need legal assistance with conveyancing in San Miguel, follow these practical steps to protect your interests:
- Gather documents - collect titles, prior deeds, a copy of any reservation or preliminary contract, ID documents, and records of municipal payments or permits you already have.
- Request a preliminary title check - ask a lawyer to obtain certificates from the Conservador to reveal current ownership, mortgages and other encumbrances.
- Meet with a specialist lawyer - consult a lawyer who specializes in real estate or conveyancing. Discuss timelines, fees, and a clear scope of work. Ask for a written fee agreement.
- Order due diligence - have the lawyer confirm municipal permits, tax status with the SII, outstanding contributions, and any zoning restrictions that affect the property.
- Negotiate contract terms - ensure the sales contract addresses payment methods, timing for clearing encumbrances, penalties, and conditions for delivery of a clean title.
- Complete notarization and registration - coordinate signing before a notary and timely registration in the Conservador to finalize the transfer.
- Keep written records - retain copies of every document - contracts, the notarized escritura, registration proof, receipts for payments and communications with professionals.
If you are unsure where to start, contact the Colegio de Abogados or a reputable law firm in Santiago with proven experience in property transactions. A short initial consultation can clarify the main legal risks and expected costs so you can decide how to proceed with confidence.
