How to Check a Property for Hidden Debts, Liens and Charges Before You Pay (Country-by-Country)
Published on: June 26, 2026
Here is a fact that catches out a surprising number of international buyers: in much of the world, debt does not always follow the person who owes it. It can follow the property. Buy a flat in Spain with an unpaid mortgage, an outstanding tax bill or years of unpaid community fees registered against it, and you may find that those liabilities are now yours, even though you never borrowed a cent. The seller walks away. The debt stays with the bricks.
This is why the single most valuable thing you can do before paying any deposit is to pull the property's official registry record and read the section that lists what is owed against it. The document has a different name in every country, but the job is always the same: prove who really owns the place, and reveal whether anyone else has a claim on it. This guide shows you what to ask for, country by country, and what to watch for.
Before you read. This is general information, not legal advice. Property due-diligence rules differ by country and the registry record is only one part of a proper check. Always use your own independent lawyer in the country of purchase, and never rely on a single document alone.
First, an important warning about who is on your side
In most civil-law countries, the notary does not represent you. A Spanish notario, an Italian notaio or a French notaire is a neutral public official who confirms the transaction is legal and properly recorded. That is valuable, but it is not the same as someone whose job is to protect your interests, investigate the property's history and negotiate clauses for you. That role belongs to your own lawyer, and in cross-border purchases it is not optional. The notary will register a clean transfer; only your lawyer will tell you the property has a problem before you sign.
The key document, country by country
| Country | The document to request | Where it comes from |
|---|---|---|
| Spain | Nota Simple (charges section) | Registro de la Propiedad |
| Italy | Visura ipotecaria + visura catastale | Agenzia delle Entrate |
| France | Etat hypothecaire | Service de Publicite Fonciere |
| Germany | Grundbuch extract (Sections II and III) | Local Grundbuchamt |
| Portugal | Certidao Permanente | Registo Predial |
| United Kingdom | Title register (charges register) | HM Land Registry |
Spain: the Nota Simple
The Nota Simple is an extract from the Land Registry summarising who owns the property, how it is described, and, in its charges section (cargas), every mortgage, lien, court order and other encumbrance attached to it. The phrase you want to see is "libre de cargas", meaning free of charges. Anything else needs your lawyer's review before you commit. It is cheap and fast, usually under 15 euros and available within a day or two online through the registrars' portal, and anyone with a legitimate interest, including a foreign buyer from abroad, can request one. Two cautions specific to Spain. First, the Nota Simple is informative, not a certified title deed (that is a certificacion registral). Second, request a fresh one immediately before signing the deposit contract and again before the final deed, because a new debt can be registered between the two.
Beyond the registry, Spain has its own traps. Unpaid community fees can pass to the buyer (typically the current year plus the preceding three years), so ask the community administrator for a certificate confirming the account is clear. Check the latest IBI property-tax receipt, settle any utility arrears, and have your lawyer review any afecciones fiscales, notes that tax on a previous sale is still under review.
Italy: the visura ipotecaria
In Italy you want two records from the Agenzia delle Entrate. The visura ipotecaria reveals mortgages, liens and other limitations on the property; ask for a record covering the full 20-year history, not just a snapshot. The visura catastale gives the cadastral details, identifiers, value and floor plan. Add the certificato di destinazione urbanistica to confirm zoning. The classic Italian pitfall is an untranscribed inheritance, where the seller never formally registered title they inherited and therefore does not yet have the clean right to sell, so check this early, especially for family or inherited homes.
France: the etat hypothecaire
The French equivalent is the etat hypothecaire, issued by the Service de Publicite Fonciere, which lists mortgages, privileges and charges registered against the property. In practice the notaire obtains and reviews this as part of the conveyancing process, but you should confirm it has been done and understand what it shows before signing the final acte.
Germany: the Grundbuch
Germany's land register, the Grundbuch, is unusually clear once you know where to look. Section II (Abteilung II) records charges, easements and usufruct rights; Section III (Abteilung III) records mortgages and land charges (Grundschuld). The Notar reviews the extract, but ask to see it: an existing Grundschuld that has not been formally released is a common issue to resolve before completion.
Portugal and the UK
In Portugal, the Certidao Permanente from the Registo Predial is available online and shows ownership and registered charges. In the United Kingdom, you (or your solicitor) can obtain official copies of the title register from HM Land Registry; the charges register is where any mortgages, restrictions or third-party rights appear.
The red flags to look for
Whatever the document is called, a handful of warning signs recur everywhere.
An uncancelled mortgage is common and usually fine, provided your contract requires it to be cleared at completion and your lawyer confirms it will be. A lien or seizure (an embargo in Spain) from a tax authority or other creditor is more serious: it gives someone the right to force a sale, and it must be fully removed from the register before you buy. An ownership mismatch, where the seller's name does not match the registered owner, often signals an unresolved inheritance and means the seller may not legally be able to sell at all. Multiple owners require every co-owner's consent. Community or condominium debts can transfer to you in some countries even when they do not appear on the main registry record, so check them separately. And easements, usufructs or planning restrictions can limit what you are actually allowed to do with the property, including, increasingly, whether you can let it to tourists.
How to run the check properly
The method is simple and the same everywhere. Engage your own independent lawyer in the country of purchase before you pay anything. Have them pull the registry record, and the community and tax certificates where relevant, as the very first step of due diligence. Then request an updated copy immediately before each binding stage, the deposit and the final deed, so that nothing has changed since the first look. Never pay a deposit on the strength of a verbal assurance or an old document. A registry extract costs a few euros and takes a day; the debt it can reveal might otherwise have cost you tens of thousands.
If you are comparing properties across several countries, knowing in advance which document proves a clean title in each market is one of the most useful things a cross-border buyer can carry into the process.
Related guides: The land registry problem: Torrens vs Grundbuch vs notarial systems, Is my overseas property legal? Permits and illegal builds, and How to pay for property abroad safely: escrow and wire fraud.
Disclaimer. Last reviewed June 2026. Property due-diligence procedures vary by country and change over time. This article is general information only and is not legal advice. Always instruct your own independent lawyer in the relevant country before committing to a purchase.
