NOTARY OFFICE SPS
Henry Parisius LL.M.
Civil Law Notary

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(+1-721) 542-2339
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Dutch Caribbean
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CONVEYANCE OF REAL ESTATE, The Role of a Civil Law Notary

By: Lars de Vries LLM, Candidate Civil Law Notary
   
The Civil Law Notary
A civil law notary is a public officer appointed by the Government to ensure the validity of certain legal acts the legislator finds of such importance that the engagement of a legal professional is mandatory.
Among legal acts that can only be performed by executing a deed before a civil law notary are the conveyance of real estate, encumbering immovable properties with mortgage rights, the incorporation of limited liability companies, the establishment of foundations and associations, the making of a last will and testament and many more.
A civil notary is a university law graduate who is an expert in family law, succession law, corporate law and property law.
Impartiality is an important aspect of the task of the civil law notary, who by law is required to take into consideration the interests of all the parties to a legal transaction.
The original deed executed before a civil law notary is state property and it will therefore always remain in safekeeping of that civil law notary or the successor thereof. The civil law notary is only authorized to issue authentic copies of the original deed.

Conveyance of Real Estate
An important task for which the services of a civil law notary are engaged is the conveyance of real estate.
That task is carried out in close cooperation with the Land Registry (Kadaster). Parties may execute their own sale and purchase agreement, although the civil law notary is always more than willing to assist with drafting up such document.
However, for the actual transfer of title it is mandatory to engage the services of a civil law notary.                                                                                       

How the system works
     Examination of Sale & Purchase Agreement

Title Search

Closing Costs

The Closing

(i) the aforementioned funds have been received in the escrow and
(ii) another check with the Land Registry confirms that the juridical status of the property remained unchanged compared with the previous check.

Registration

Pay Out

A Fail Safe system
The beauty about the system of conveying real estate on the Netherlands Antilles is that it is (nearly) 100% fail safe.
Seller has the guarantee that the funds are available for pay out, the moment that the deed of conveyance is executed and buyer has the guarantee that seller will not be paid out until it is sure that buyer has acquired the property free of mortgages, attachments or other restrictive rights.

The system is so fail safe that in our jurisdiction there is simply no need for “title insurance”.

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