The most common types of encumbrances and charges that a property can have in Portugal include:
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Mortgage:
This is one of the most frequent encumbrances, where the property is used as collateral for a loan. The owner may have taken out a loan and placed the property as a guarantee of payment.
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Attachment:
This is a judicial measure that prevents the sale or transfer of the property due to the owner’s debts. Attachment is generally the result of judicial disputes or unpaid debts.
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Usufruct, Use and Habitation:
These are rights that allow a person to use and enjoy the property, even if they are not the owner. Usufruct, for example, allows someone to live in the property or receive income from it.
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Easement:
This charge refers to a right to use part of the property by third parties, such as the right of way, which may limit the full use of the property by the owner.
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Surface Right:
This is a right that allows the construction or maintenance of a building on someone else’s land, without the holder of the right being the owner of the land..
These charges can significantly affect the transaction of a property, and it is crucial to verify the existence of any encumbrances before proceeding with the purchase. Consulting the Property Certificate is an effective way to identify these charges and ensure a safe transaction.