Uruguayan and foreign citizens of any nationality without any limitation or restriction can buy property in Uruguay. The purchase can be made for personal reasons (natural persons) or in the name of an agrarian or commercial society
There are a variety of forms of ownership of property. The more common forms of ownership according to the Uruguayan law include: the purchase agreement, barter, donation, inheritance because of death and expiration, among others.
Ranches, farms, land in general.
Farms or land with beachfront or oceanfront, pond front, etc.
Houses, apartments, land, lots, buildings, etc.
The legal regime of property in Uruguay is of absolute certainty and security for business. The property is credited by a property title deed that must be implemented by a Notary Public. In other cases such as inheritance or expiration, the property is credited through court rulings. Every certificate of ownership, wich include the description and complete demarcation of the property, is part of the Immovable Property Register (www.dgr.gub.uy), public agency under the Ministry of Education and Culture.
A Notary Public is a professional graduated at the College of Law; a public officer recognized by the State, who confers on his/her deeds the character of authenticity. A notarial deed makes proof before any court of justice of its contents, of the exactness of its date and of the veracity of the signatures. The state comptroller, the Supreme Court of Justice, supervises all the Notary’s acts.
The Notary public is the trustee of public faith.
When he/she draws up a deed, a Notary must ensure that the wishes of the parties to the contract do not conflict with the law or justice. It is the duty of the Notary to inform all the parties to the deed of their respective rights and obligations.
As your legal adviser, your Notary will analyze and synthesize all the information received and evaluate its relevance; he/she will act as your trusted guide and determine for you all the legal, economic and fiscal aspects of a given situation. His/her recommendations will be primarily directed towards the agreement of the various parties concerned.
The Notary is appointed by the purchaser.
As an expert in real estate law, your Notary will instruct you on the importance and consequences of a preliminary contract for the purchase of a property; the various methods of mortgage financing; the value of your investment; the taxation implications of your transaction; the necessity of a title examination and the preparation of an updating report; the essential clauses to have inserted in a deed of sale.
Before signing any document, consultating your Notary will enable you to know your rights on the matter under consideration; to pinpoint those items capable of affecting your personal and financial situation; to evaluate the advantages and disadvantages of the various solutions proposed; to choose the form and type of legal action best suited to your needs. Your Notary's counsel is your guarantee of security. The information received when you consult a Notary will allow you to better identify the rights and obligations attached to the legal action you are planning to take.
As an authority in commercial matters, your Notary will advise you on the advantages of setting up a company; the requirements for forming a partnership; the procedures to be followed for adopting by-laws and bringing minutes up to date; tax benefits; possible agreements between partners or shareholders in the event of death or the dissolution of the business.
The solicitude for accuracy and attention to detail, characteristic of a Notary, will prompt him/her to use precise terms to lessen the risk of errors of interpretation. The Notary must always keep the original of the contract signed by him/her. It is therefore always possible for you to find it and to obtain true copies thereof. In a notarial deed are put your proposals of legal importance into concrete form and are the true reflection of your desires.
The Notary Public is fully prepared to provide the appropriate advice prior to a negotiation as to the conditions, terms, rights, obligations and other legal situations involving the business so that the purchaser is fully informed of the situation. To achieve this, the Notary Public examines the ownership of the property based on a registration system and a regulatory framework that provide a total certainty concerning this type of operation.
The role of the Public Records is to advertise business and legal acts (defined as transcendent by law). This consists of two fundamental aspects: the registration of such acts (ownership, mortgages, leases, pledges, etc.) and the information about them to whoever asks.
The Immovable Property Register operates in a decentralized way. There’s an office in each departmental capital and in some other cities of our country.
The Immovable Property Registration along with the National Register of Personal Acts and the Register of Legal Persons create a system which provides all the information regarding legal acts, business, ownership, interdictions, taxes, etc. that affect people and movable / immovable goods.