As reference, these are a list of
typical documents you need for any title seach, and the prices as
listed on the site Conservadores en Linea:
Certificado de Dominio Vigente
(Certificate of Outstanding Ownership)
The registry will certify that the
ownership of certain person is still valid.
Price: CLP$ 4900.00
Certificado de Gravámenes y
Prohibiciones (Certificate of Mortgage and other limitations to
ownership and Prohibitions)
With this document the Registry
certifies the current limitations to ownership such as mortgage,
easements, rights of use affecting the property, or alternatively the
fact that there are no such limitations. Prohibitions on a certain
property in Chile might be either conventional or by a court order.
For example, a prohibition to sell the property in the first 5 years
after the owner purchased or a court order forbidding the sale of the
property while a legal claim is pending.
Courts might order provisional measures
such as the auction of the property upon default of a debt or just
prohibit the owner from entering in to contracts to sell while a
dispute is pending. (Embargo and Prohibicion de celebrar actos y
contratos)
Price: CLP$ 6600.00
Certificado de Litigios (Certificate
of Legal Claims)
Record of legal claims pending
regarding the property or the fact that it does not have any legal
claims pending registered at the time of the request. Additional
steps must be taken to check this throughly. There can be a time gap
between a legal claim being filed with the court and the time the
registry is notified.
Price: CLP$ 9900.00
Certificado de Bien Raíz
Familiar (Certificate of Family Status of the Property)
According to Chilean Law a property can
be given the status of Family Property. The usually affects the first
home in cases where divorce or alimony payments are pending. This law
is intended to protect the home of the family.
Price: CLP$ 12200.00
Water rights
In Chile the system of water rights it
is separated from the owner's right to the property. In order to get
water rights a special procedure must be followed at the regional
water authority (Direccion Regional de Aguas). The Registry has a
special public record for those water rights called "Registro de
Aguas". Copies of those rights must be requested when studying a
title. This is especially important in areas where without proper
water rights, the property would be essentially worthless. This
registry also covers well on the property, or anything effecting the
water table in an area.
Price: Ch$ 4900.00
The Registry also has public records of
all corporations in Chile. This is known as the "Registro de
Comercio". You can get copies of those registrations and if a
certain person does have the authority to act on behalf of the
corporation for buying or selling a property. There are no valid
corporations in Chile that have not been registered in this public
record.
Beyond checking the documents the
registry issues, and relating that information to the other public
records and data bases in Chile, there are a few additional issues
that might be worth considering when purchasing a property:
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