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Real Estate in Chile Articles
|Real Estate Law in Chile, South America: Conducting a Title Search|
|Real Estate Articles in Chile, South America|
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A real title search in Chile goes way beyond just tracking the ownership history of a property. There are many more issues that need to be checked in the numerous public records available in the Chilean legal system, and there are many other title issues that come from just common sense experience of the problems in particular regions. Read on to find out what else you should know about title searches in Chile before buying real estate, and what documents you should expect to receive in a complete title search.
Beyond just knowing what documents to request and their significance for a title search in Chile, knowing the local problems and history is essential. For example, what are considered problems in urban areas are not even recorded in rural areas, and vice versa. What is true in the North of Chile and the South of Chile is not an issue in the Central Regions of Chile. Let us start by emphasizing that a complete title search should be done by an attorney; not a real estate agent or someone else.
Just some of the problems you or your attorney in Chile must consider on a region by region bases are the delicate status of the water rights, colonization laws, the effects of past agricultural policies of the Government, poorly conducted surveys, zoning and building permits, to name a few. What to look for is mostly determined by the history of local development patterns of the region.
Knowing were to look for the problems with any particular property is not an easy task, and finding the right strategy for a complete title search takes time. The best advice is take that time and do not rush into a purchase, or allow anyone to rush you in to a purchase in Chile until the title search is complete; however, a complete title search along with a solid contract based on that title search will help you eliminate almost all the risk associated with buying real estate in Chile.
Documents Needed for a Title Search in Chile
To start a title search you must have the registration information for the latest title on the property. The most important information is the county were it was registered, the number and page of the registration, and the year when the registration took place. The public record for each year will have the same serial numbers and pages, so knowing the year is essential. If you have this information, at the County Registry you can request the Certificate of Valid Ownership ( Certificado de Dominio con Vigencia ). With just this information a qualified attorney in Chile will be able to start the title search processes that leads to all the other documents for the property.
You must keep in mind that a comprehensive title search will include an examination of all registrations for 10 years. This time frame it is based on the maximum statute of limitations established by law for bringing legal claims against a property in Chile. Many problems, or potential problems, can be detected based only on the information collected by the title registration. For example, potential legal claims based on inheritance, pending contract obligations, and so on.
Each county (or group of counties in the less populated areas of the Chile) has its own regional Registry. For purchases of property in southern Chile, handling a title search from Santiago will imply dealing with the regional authorities, local municipalities, and the registries in the city where you are purchasing the property. Often in remote towns you will have to deal with the public offices in the provincial capital and regional authorities to collect all of the needed documents. For example, if you are purchasing property near Futaleufu, this will mean dealing with the Municipality in Futaleufu, the Registry in Chaiten, and the regional authorities such as the IRS office in Puerto Montt. All of these are hundreds of miles apart, and each has its own office politics and culture.