For nearly two weeks, wildfires have been ravaging mainland Portugal, predominantly affecting the northern and central regions. Amid thousands of hectares burned, lives have been lost in the fight against the flames, and homes, lands, and businesses have been destroyed.
What should homeowners and landowners whose properties were destroyed in these fires do to obtain the compensation they are entitled to? The Notícias ao Minuto consulted Jorge Batista da Silva, president of the Portuguese Chamber of Notaries, who outlines the steps to follow.
The president asserts that a homeowner who has lost their house “should request a land registry certificate,” which can be done “online or at any Land Registry Office.” He emphasizes that “this document allows them to prove ownership.”
If the owner loses all documentation “they can obtain new copies from the relevant authorities.”
“If they need a copy of the acquisition title, they can visit the Notarial Office where it was signed or request a new certificate at www.notarios.pt,” adds Jorge Batista da Silva.
If “the contract was issued by an entity other than a Notary (Registrar, Lawyer, or Solicitor), the Land Registry Office can help identify the specific entity responsible for the acquisition title and obtain it from there.”
When there is uncertainty about the property ownership, the proprietor “should always start by consulting the Land Registry.” However, it should be noted that “a registry certificate should not be confused with the tax asset document provided by the Tax Authority,” as “the latter is not sufficient for this purpose.”
Jorge Batista da Silva also explains that, if documents are in someone else’s name (e.g., parents or grandparents), the individual “can contact a qualified entity, such as the Land Registry Office or any Notarial Office in the country, to seek information on the process of regularizing the registry.”
He stresses that “lawyers and solicitors are also qualified to assist in this process.”
Regarding the documents needed, the president of the Chamber of Notaries notes that “to prove ownership and conduct the land registry, acquisition titles are required.” Initially, “purchase and sale deeds or documents proving heir status, such as inheritance deeds or wills” are necessary.
Homeowners should first search “at home for old deeds – whether purchase and sale, sharing, donation, inheritance, or wills – and take these to a Land Registry Office.”
It is also noteworthy that if homeowners “cannot find the documents or if they do not exist, there is always the possibility of acquiring the property through a possession title deed.” For this, they should visit a Notarial Office.
As for the time the process might take, the president observes that “it will always depend on the responsible entities“, but highlights that “submitting the documents is crucial to receive compensations and state financial support.”
Portuguese Notaries Launch Fundraising Campaign for Firefighters
Amidst the situation in the country, Portuguese Notaries have initiated a fundraising campaign to support firefighters in the municipalities most affected by fires.
“Notarial Offices are scattered throughout the country, and we have witnessed the challenges faced by the communities through their Notaries. Several Notarial Offices have faced disruptions and even had to close due to lack of electricity, water, and telecommunications,” explains Jorge Batista da Silva.
He adds: “Further, we have a colleague, Notary Luís Gamboa, who is a Volunteer Firefighter in the Humanitarian Association of Volunteer Firefighters of Mêda and was on the ground fighting the fires, alongside Marlene Bordalo, a Notarial Office employee from the same Firefighters Association. Therefore, this is a deeply personal issue for us all.”
Thus, the Notaries feel an “obligation to help by conducting a national fund collection to finance appropriate equipment for firefighters to protect people and properties, and to increase their chances of returning safely to their families.”
