What counts as a charge in the Registry
In everyday language a charge is anything that limits what you can do with a property or what someone else can claim over it. In the Land Registry the idea is more precise. Article 13 of the Mortgage Law says that limited real rights, security rights and, in general, any charge or limitation on ownership or on real rights must appear in the registration of the property or right concerned in order to take effect against third parties.
That sentence has a practical consequence for anyone buying, inheriting or financing a property. What appears in the property's registration can be enforced against third parties. What does not appear should not, in principle, surprise someone who relies on the Registry. That is why the first reading of a nota simple usually goes straight to the charges section: it shows what weighs on the property before anything is signed.
A charge should not be confused with the owner's personal debt. A charge is tied to the property. A debt that has not reached the Registry can exist without the nota simple showing it, which is one reason the note does not answer every question about the seller's financial position.
Mortgage: the most common charge
A mortgage is a real security right. When a property is mortgaged, the nota simple usually shows the mortgage registration, the lending entity and the basic details of the entry. That matters to a buyer: it shows that the property secures an obligation and that, if the loan is not paid, the creditor can enforce the security.
A mortgage appearing does not mean the owner currently owes the original amount. The entry reflects the registered security, not necessarily the loan's current balance, and the loan may already be repaid without the entry having been cancelled. We cover the difference between economic and registry cancellation in the guide on a repaid mortgage that still appears on a nota simple.
If you are buying, the nota simple tells you that the mortgage exists in the Registry. To know how much is owed and how it will be cancelled in the transaction you need the lender's paperwork and the notary's involvement, not only the note.
Attachments and preventive entries
Not everything in the Registry is a registration. Some judicial or administrative actions enter through a preventive entry. Article 42 lists who may request one. They include whoever sues in court over ownership of real estate or over the creation, declaration, modification or extinction of any real right, and whoever obtains an attachment order that has been carried out against the debtor's real estate.
Article 44 adds something that matters to creditors and, by extension, to whoever reads the note: a creditor who obtains an entry in the cases of numbers two, three and four of Article 42 has, for collecting the debt, the priority set out in Article 1923 of the Civil Code. In other words, an attachment entry is not a mere notice: it affects the order in which debts are paid.
For a buyer, a live attachment entry is a warning sign that calls for a review of the full title, the court and the amount claimed. For an owner who believes a debt has been settled, it is a reminder that payment and cancellation of the entry are separate steps.
Prohibitions on disposal and legal limits
Article 26 governs prohibitions on disposal or transfer. It distinguishes three situations. Those established by law that have full legal effect without an express judicial or administrative declaration need no separate registration and take effect as legal limits on ownership. Those arising directly from a judicial or administrative decision are the subject of a preventive entry. And those imposed by a testator or donor in last-will provisions, marriage agreements, donations and other gratuitous acts may be registered provided the law in force recognises their validity.
The effect of that third category shows up in inheritances and donations: a prohibition imposed by the person who leaves or donates the property may appear in the Registry and affect a later sale. If the nota simple includes a prohibition on disposal, reading the owner's name is not enough. You need to open the document that created it and check its terms and whether it is still in force.
Some legal limits need no separate registration, according to the law itself. A clean nota simple therefore does not allow you to conclude that the property is free of every limit of legal origin. That is one more reason to rely on a professional for an important purchase.
How to read the charges section step by step
An orderly reading avoids the most common confusions. First identify the property: description, registry details and owner. Then find the section on charges, encumbrances and legal situations and read each entry with its date, its nature (registration or preventive entry) and the person or entity in whose favour it stands.
Note that the nota simple reports the current situation of the property. If you see a charge you think has ended, do not dismiss it on instinct: check whether a cancellation has been registered.
Also note the date the note was issued. Entries can change at any time, so an old note does not necessarily reflect the current position. The guide on whether a nota simple expires explains how to think about updating it.
What a nota simple does not do
Article 222 provides that the content of registry entries is made available by nota simple informativa or by certificate. The nota simple is informative. The certificate is the document that certifies the content of the Registry with effects the note does not have. The difference is explained in nota simple versus registry certificate.
A nota simple also does not calculate what it costs to cancel a charge, does not report tax or community debts that are not in the Registry and does not replace a review of the deed. If the content of a charge is decisive for your transaction, ask the notary or your adviser to review the title, not only the summary.
When to ask for specific help
Ask a professional for help if the note shows several charges, if there are judicial entries, if a prohibition on disposal appears, or if the seller says something has been cancelled and the note does not show it. In those cases the nota simple is the starting point, not the conclusion.
This article is general information about the Mortgage Law. It is not legal advice on a specific property and does not replace the analysis of a lawyer or notary.