Title deed
A title deed is the authenticated notarial instrument that records and publishes the transfer of ownership of a real-estate asset. Signed at final closing, it contains the precise property description, the parties' identities, the price, and the chain of title. Its registration at the land-publicity service makes it enforceable against all third parties.
Key points
- Only a notary can prepare a title deed; without it, the ownership transfer is not enforceable against third parties.
- The buyer receives an authenticated copy (or property certificate) after registration; the original is held in the notary's records.
- The deed includes at least 30 years of chain-of-title history.
- Transfer duties (DMTO) are collected at signing by the notary on behalf of the state.
- If lost, a copy can be issued by the notary or retrieved from the land register.
Frequently asked questions
What is the difference between the preliminary sale agreement and the title deed?
The preliminary sale agreement (compromis) is a binding pre-contract that commits both parties but does not yet transfer ownership. The title deed (acte authentique de vente) is signed at final closing and constitutes the official, definitive transfer. It is at that point that the buyer legally becomes the owner and the mortgage funds are released.
Why does the bank require the title deed after the sale?
The bank retains the deed or its attestation to support its mortgage registration in the land register. That registration secures the bank's priority claim in the event of borrower default and subsequent foreclosure. Without a registered title, the security interest would be unenforceable against other creditors.
How do I obtain a copy of my title deed if I have misplaced it?
Simply contact the notary who handled the sale: they hold the original minutes and can issue a certified copy for a modest fee. If the notary cannot be found or has passed away, the departmental notary chamber can direct you to the successor. The land register (service de publicité foncière) can also provide an official extract.
In practice
A homeowner wants to refinance their property to fund renovations. The new bank requests the title deed to verify that no undisclosed easement exists and to confirm the property's exact identity. The broker obtains a recent ownership certificate from the notary and assembles the 30-year chain of title, allowing the bank to validate the collateral in under a week.
Official sources
- Lost title deed: what to do? · Service-Public.gouv.fr
- Sale agreement and loan condition precedent · Service-Public.gouv.fr
- Housing and financing information · ANIL