Attendance record

As it can be appreciated, a certificate of presence is a very useful instrument to accredit a reality or truth that is necessary to verify before third parties, especially in case of conflictive or potentially conflictive situations, in which for a person the need to demonstrate the reality of a certain fact or circumstance is crucial.

Thus, as it can be observed, if any person needs to accredit that a certain fact or circumstance is true and real, the recourse to the notarial act of presence can be a suitable instrument, since by means of it we obtain that a Notary, that is to say, an impartial and independent public official, invested with public notarial faith, goes to a certain place and attests a certain reality, thus being able to accredit, in an irrefutable and indubitable way, that this fact or circumstance is true, invested with the notarial public faith, goes to a certain place and attests to a certain reality, thus being able to prove, in an irrefutable and unquestionable way, that this fact or circumstance is true, of which nobody can doubt, since it has been verified by a Notary.

<ejemplo>Por ejemplo, si una persona vive en un bloque de viviendas, y uno de sus vecinos, en contra de la normativa aplicable, desarrolla una actividad económica en dicha vivienda (como por ejemplo la cría de cachorros de perro para su venta), con las consiguientes molestias para el resto de vecinos (olores, ruidos, trasiego de compradores en la escalera comunitaria, etc.), para acreditar la ilegalidad que se está cometiendo, el resto de vecinos puede optar por tratar de acreditar que ello es así mediante un acta notarial de presencia.<ejemplo>

<ejemplo>Así pues, requerido el Notario en cuestión, este se personará en el edificio y verificará la realidad que allí presencie (por ejemplo ruidos de perros, olores, la existencia de múltiples cachorros de perro que se puedan apreciar en una terraza del vecino en cuestión, el constante ir y venir de personas que acceden a esa vivienda y la abandonan con un cachorro, etc.), la cual será recogida en el acta notarial de presencia.<ejemplo>

<ejemplo>Posteriormente, gracias a esta acta notarial en la que se acredita esta realidad contraria a la normativa vigente, los vecinos ya dispondrán de una prueba fehaciente e indubitada de la ilegalidad que se está cometiendo, a los efectos de poder denunciar la misma ante las instancias administrativas o judiciales que correspondan.<ejemplo>

In short, as it can be verified, by means of the recourse to the notarial act, the interested parties will obtain a document in which a certain reality or truth is accredited in an irrefutable and unquestionable way, which constitutes proof of it, and allows to deploy its evidentiary effects before third parties or the corresponding administrative or judicial instances.

The notarial acts of presence, as indicated in the preceding questions, are a very useful instrument to accredit the reality or truth of a certain fact or circumstance, in order to obtain unquestionable and incontrovertible proof of that reality or truth, and that the same unfolds its effects or consequences in the corresponding administrative or jurisdictional instance.

Thus, it is very common to resort to the notarial act of presence, among others, in the following circumstances:

• Leased dwellings in which it is suspected that the tenant may have caused damage to the property, and the owner wants to prove it.
• Neighbors of communities of owners that carry out illegal or annoying activities for the rest of neighbors, who want to prove that this is so, to be able to demonstrate it before the corresponding authorities(as for example, very common in recent times, the installation in a particular apartment of a "dark kitchen", that is, a food kitchen at home without the pertinent authorizations, with the consequent annoyances to the rest of neighbors in the form of odors, smoke, noise, etc.). ).
• Illegal economic activities or activities that cause nuisance to neighboring properties and that are to be accredited(for example, when a garage in an adjoining house is used as a clandestine repair shop that causes nuisance to the entire neighborhood).
• The celebration of neighborhood meetings in which relevant decisions must be adopted and the existence of a conflict between the parties is foreseen(for example, if a staircase of neighbors must adopt the decision to carry out some very expensive extraordinary works and a conflict between the neighbors is foreseen, the notarial minutes can be used for the Notary to record the attendance to the meeting, the votes of all the neighbors, the manifestations that each one has made there, etc.).
• Proof of the state of a specific property that presents damages(useful for example in the case that a neighbor has carried out some works and as a result of them have generated damages in adjoining properties, such as cracks, landslides, etc.).
• Administrative bodies of companies (shareholders' meetings) in which relevant decisions must be adopted and in which there are conflicting positions between partners, so that the Notary is required to attend the meeting, witness it, and record all the reality that occurred there (given the specific characteristics of these minutes, their particulars are developed in detail in the "commercial" section of this website).
  

In addition to the examples indicated above, in which the Notary Public travels to a place to prove the reality or truth of a fact or circumstance, by means of the notarial act of presence, it is also possible to carry out other types of complementary actions, in accordance with the applicable regulations (specifically, Article 200 of the Notarial Regulations).

Thus, it is also possible through attendance records:

• The delivery of documents, effects, money or other things, as well as offers of payment.
  
  Useful for example in the case that a person who has a debt with a third party wants to pay the same one and liquidate it, he can resort to this instrument, that is to say, to deliver for example a bank check with this due amount to a Notary, so that it is this one who comes to deliver it to the creditor and to verify in this way of indubitable form that this one collects his debt.
  
  In this way, the debtor will be able to reliably settle his liability, in order to avoid that, for example, his creditor, fraudulently, tries to systematically refuse to pay what is due and, as a consequence of this prolonged non-payment, the debtor's liability is greater (in the form of interest for late payment, for example).
  
• The fact of the existence of a person, prior identification by the notary.
  
  Useful resource, for example, in the case that a person owner of a house suffers an occupation of the same one, can require the Notary so that this one goes to the house and identifies the dwellers (if they accept, of course), to the effects to credit which persons are committing this situation, in order to be able to credit the same one and to be able to exercise the corresponding civil actions against the persons that it proceeds, in order to recover the possession of its house.
• The exhibition to the notary of documents or things in order that, examined, this one describes them in the act as they result from his perception.
  
  For example, the possibility of exhibiting before the Notary a certain jewel of value that one possesses, in order to record its reality and characteristics, so as to accredit its existence before, for example, a home insurance, in case of theft or subtraction of the same one.
  

Of course, the answer to this answer is negative, because if it is necessary in view of the client's needs and the circumstances or facts that need to be accredited, the Notary can go several times and at different times or days to the place in question, in order to accredit the realities that occur there, especially in the case of having to verify a dynamic reality, changing over time or that is repeated repeatedly.

<ejemplo>Así pues, por ejemplo, si es necesario acreditar que un vecino de un bloque de viviendas realiza una actividad ilegal en su domicilio, es posible que el requerimiento consista en acudir a ese domicilio varias veces, para así demostrar que dicha actividad ilegal se realiza de forma habitual y reiterada en el tiempo, y no de forma esporádica o puntual.<ejemplo>