A notarial declaration of public knowledge (acta de notoriedad) is a public instrument authorised by the notary whose purpose is to establish facts which, by their nature, are public, obvious or can easily be verified through witnesses or documents. After receiving evidence and statements, the notary declares the fact to be a matter of public knowledge and records it with legal validity.
What is it for?
- Proving peaceful possession of a home or a plot of land
- Declaring heirs on intestacy (abintestato, i.e. where there is no will)
- Recognising personal circumstances (marital status, civil residence status, cohabitation, etc.)
- Proving facts that need to be made public where there is no prior formal document
- Serving as a basis for legal or administrative procedures
What does the notary do?
- Receives the request from the person who needs to prove the fact
- Gathers documents and sworn statements or witness testimony
- Hears witnesses if necessary
- Verifies that the fact is a matter of public knowledge (known, verifiable or obvious)
- Drafts the record containing the formal declaration of public knowledge
Common examples of use
- Proving that a person has lived in a property for years
- Declaring who the heirs are when there is no will
- Proving de facto cohabitation for pensions or benefits
- Certifying regional civil status (vecindad civil) or nationality for international procedures
Important considerations
- Sufficient evidence of the fact must be provided (documents, witnesses, etc.)
- Any witnesses must be truthful, impartial and of legal age
- It may take several days of processing and preliminary steps
- The notary acts responsibly when declaring a fact to be of public knowledge
Legal value
A notarial declaration of public knowledge has full legal value as a public document. It serves as evidence and can be used in court or administrative proceedings, or before any authority that requires certainty about a well-known fact.