The certificate of encumbrances: what it is and what to check before you buy

It tells you who the owner is and whether the property has mortgages, seizures or prohibitions. How to request it and what to look for.

The certificate of encumbrances (certificado de gravámenes) is the most important document before buying a property in Ecuador. It tells you whether the seller really is the owner and whether the property carries burdens that could pass to you.

What it is

It is a certificate issued by the Property Registry (Registro de la Propiedad) of the canton where the property is. It summarises what is registered about that property.

What it shows

• Who the owner is (or owners) and how they acquired the property: purchase, inheritance, gift.
• The history of the property: the earlier registered transfers.
• Burdens or encumbrances: mortgages in favour of a bank or another person, seizures ordered by a judge, prohibitions on selling, lawsuits registered against the property, usufruct, easements or family estate (patrimonio familiar).

How to request it

You request it from the Property Registry of the canton, in person and, in many cantons, online, with the property's details (registry number or cadastral code). A small fee applies. Usually your lawyer requests it.

What to check

1. That the owner on the certificate is the person selling to you. If there are several owners or heirs, all must sign.
2. That there are no mortgages, seizures or prohibitions, or that they are lifted before or at the signing of the deed. A mortgage doesn't prevent a sale, but it has to be cancelled; otherwise the burden stays with the property.
3. That the description matches what you see: address, area and boundaries. If it doesn't, see our article on deeds and boundaries.
4. That it is recent. Things can change: ask for an updated certificate shortly before signing the deed.

What the certificate doesn't tell you

The certificate doesn't show whether property tax is paid (you check that at the municipality), whether there are condominium fee debts, whether the building has permits, or the state of the house. Your lawyer checks those separately, and you check the house in person.

Next step

Read the steps to buy a house in Ecuador and find properties on EcuaNido. This article is for information and doesn't replace a lawyer's advice.