Land and Property registration
Mar 27th 2008, 6:56 pm
#17
Structural Surveyor
Joined: Mar 2006
Location: Sevilla/Cordoba border
Posts: 1,048
Re: Land and Property registration
Now I'm confused too!
Do you want to keep the property or do you want to sell it? You say your late father was a fantastic builder, yet in your other post you say that he built an extension without permission that is now falling down and also that the house has structural problems.
Bear in mind that the average selling time for a property seems to be about 36 months...sometimes a great deal longer.
Do you want to keep the property or do you want to sell it? You say your late father was a fantastic builder, yet in your other post you say that he built an extension without permission that is now falling down and also that the house has structural problems.
Bear in mind that the average selling time for a property seems to be about 36 months...sometimes a great deal longer.
Mar 27th 2008, 7:21 pm
#18
Just Joined
Thread Starter
Joined: Jan 2008
Posts: 16
Re: Land and Property registration
Now I'm confused too!
Do you want to keep the property or do you want to sell it? You say your late father was a fantastic builder, yet in your other post you say that he built an extension without permission that is now falling down and also that the house has structural problems.
Bear in mind that the average selling time for a property seems to be about 36 months...sometimes ar great deal longer.
Do you want to keep the property or do you want to sell it? You say your late father was a fantastic builder, yet in your other post you say that he built an extension without permission that is now falling down and also that the house has structural problems.
Bear in mind that the average selling time for a property seems to be about 36 months...sometimes ar great deal longer.
He purchased a property in spain following a very bitter divorce and needed space. 6 months after arriving in spain he found out he had cancer. Whilst he was to and frowing to the UK for treatment the spanish builders were "building" his extension. He was to trusting of so called friends (the estate agent) in Spain, and because of his condition didn't look into things enough himself.
He was a very pround man and to think that he left his family to sort out this mess, would have been so distressing for him. But he did and the first I knew about it was when I contact another estate agent he had befriended who had got the keys his property following his return to england as his cancer had returned (5 years later) This 2nd agent, having been told my father had passed away took my fathers car and tried to con me by telling me my father had given it to him. He also suggested that we use him and his friend who was a lawyer to sort out the property issues. We didn't of course.
So this is where i am at the moment very sentimentally envolved unfortunately and still really not knowing who to trust and where I could get some good useful inflrmation, hence this forum
Mar 27th 2008, 7:29 pm
#19
Banned
Joined: Feb 2008
Location: Vejer de la Fra., Cadiz
Posts: 7,653
Re: Land and Property registration
That second agent was a real sweetheart, wasn't he?
Mar 27th 2008, 7:56 pm
#21
Banned
Joined: Feb 2008
Location: Vejer de la Fra., Cadiz
Posts: 7,653
Re: Land and Property registration
Nope, they appear everywhere. Shame really, because if they were only found in one spot, we could build a big wall round it and then pump in the Napalm.
Mar 28th 2008, 10:29 am
#22
Forum Regular
Joined: Aug 2007
Location: Andalucia
Posts: 54
Re: Land and Property registration
Looking on the bright side, at least you'll have an IBI receipt (many houses don't, in the countryside) and it seems to be the first thing that Spanish buyers ask to see when they're interested in your house!
Mar 28th 2008, 4:25 pm
#23
Just Joined
Thread Starter
Joined: Jan 2008
Posts: 16
Re: Land and Property registration
Well thats good to know at least I haven't wasted my money there then. It just now depends on the segregation licence. There are many other houses around as it is up a mountain that is accessed via a dirt track. All the houses there may/must have a segregation licence and the land registry registration document. It may be worth investigating this to see.
Mar 28th 2008, 6:37 pm
#24
Banned
Joined: Feb 2008
Location: Vejer de la Fra., Cadiz
Posts: 7,653
Re: Land and Property registration
My philosophy on life is that the b*stards want to grind you down to nothing, and destroy you, so keep struggling, don't accept it when people say no.
In my life there have been several occasions when everyone told me I could not succeed, that I should just roll over and accept it. In the end, I was right, there was a way round.
In my life there have been several occasions when everyone told me I could not succeed, that I should just roll over and accept it. In the end, I was right, there was a way round.
Last edited by bil; Mar 28th 2008 at 6:49 pm.
Mar 28th 2008, 8:25 pm
#25
Just Joined
Thread Starter
Joined: Jan 2008
Posts: 16
Re: Land and Property registration
My philosophy on life is that the b*stards want to grind you down to nothing, and destroy you, so keep struggling, don't accept it when people say no.
In my life there have been several occasions when everyone told me I could not succeed, that I should just roll over and accept it. In the end, I was right, there was a way round.
In my life there have been several occasions when everyone told me I could not succeed, that I should just roll over and accept it. In the end, I was right, there was a way round.
Thanks bil,
Its hard when people are telling me to walk away, its not worth the hassle, but if everything in life was easy wouldn't we all be millionaires by now!.
Last edited by Calls; Mar 28th 2008 at 8:26 pm. Reason: missing word
Mar 28th 2008, 9:59 pm
#26
Banned
Joined: Feb 2008
Location: Vejer de la Fra., Cadiz
Posts: 7,653
Re: Land and Property registration
If everything were fair, I would be. Sad but true.
You keep fighting kid.
You keep fighting kid.
Mar 28th 2008, 11:21 pm
#28
Banned
Joined: Feb 2008
Location: Vejer de la Fra., Cadiz
Posts: 7,653
Re: Land and Property registration
Is that ever true!
Mar 29th 2008, 4:34 pm
#29
Forum Regular
Joined: Nov 2007
Location: In the pale, blue yonder
Posts: 148
Re: Land and Property registration
Hi All,
Can some one help me please.
My father recently passed away, he had a property on the Costa Del Sol which I have now inherited. (or in the process of)
I have employed a lawyer who is sorting out the inheritance side and has also uncovered some problems with the property paperwork.
Some are being sorted and paid for. One I have a problem with which I am hoping someone has some knowledge or experience with:-
Below is part of an email I have received from my lawyer:-
Segregation Licence:
As explained, the issue of Segregation License appeared to be a more difficult task.
We firstly made contact with the Urban Planning department of Antequera Town Hall and they told us that it didn't appear any licence as per their records. Additionally we called Mr Francisco xxxx, the person who sold the property to Mr xxxxxx, and he explained that there wasn't any licence of segregation because the surface of the plot segregated was smaller than the minimum one which is compulsory under Spanish Law. In fact this is the reason why he couldn't register his property at the Land Registry.
So now this has been clarified, unfortunately it seems we cannot proceed with the registration due to the lack of segregation license.
In view of that, bearing in mind that the property cannot get to the Land Registry, it may happen that you find certain difficulties to sell the property, unless you find a purchaser who is not bothered about the Land Registry situation and accepts the property as it is from the legal point of view. You can prove there is a legal title on the property but no records at Land Registry. This is obviously a disadvantage because the property does not comply with our legal system.
In any case, you would first need to complete the inheritance proceeding by signing the notary deed whereby the property is transferred to the inheritors and pay the inheritance and plusvalia tax. That would give you at least the legal title on the property, although as we now know its registration is not feasible. If you want to sell the property at least you need to have the legal title on it and comply with the tax duties resulting from the inheritance. My suggestion would be completing the proceeding in that way but please confirm your instructions to proceed in such manner (perhaps you wish to reconsider instructions now that it is confirmed that registration is not possible).
Is there anyway that I can sort this so the house can be registered.
Thanks for reading.
Lisa
:
Can some one help me please.
My father recently passed away, he had a property on the Costa Del Sol which I have now inherited. (or in the process of)
I have employed a lawyer who is sorting out the inheritance side and has also uncovered some problems with the property paperwork.
Some are being sorted and paid for. One I have a problem with which I am hoping someone has some knowledge or experience with:-
Below is part of an email I have received from my lawyer:-
Segregation Licence:
As explained, the issue of Segregation License appeared to be a more difficult task.
We firstly made contact with the Urban Planning department of Antequera Town Hall and they told us that it didn't appear any licence as per their records. Additionally we called Mr Francisco xxxx, the person who sold the property to Mr xxxxxx, and he explained that there wasn't any licence of segregation because the surface of the plot segregated was smaller than the minimum one which is compulsory under Spanish Law. In fact this is the reason why he couldn't register his property at the Land Registry.
So now this has been clarified, unfortunately it seems we cannot proceed with the registration due to the lack of segregation license.
In view of that, bearing in mind that the property cannot get to the Land Registry, it may happen that you find certain difficulties to sell the property, unless you find a purchaser who is not bothered about the Land Registry situation and accepts the property as it is from the legal point of view. You can prove there is a legal title on the property but no records at Land Registry. This is obviously a disadvantage because the property does not comply with our legal system.
In any case, you would first need to complete the inheritance proceeding by signing the notary deed whereby the property is transferred to the inheritors and pay the inheritance and plusvalia tax. That would give you at least the legal title on the property, although as we now know its registration is not feasible. If you want to sell the property at least you need to have the legal title on it and comply with the tax duties resulting from the inheritance. My suggestion would be completing the proceeding in that way but please confirm your instructions to proceed in such manner (perhaps you wish to reconsider instructions now that it is confirmed that registration is not possible).
Is there anyway that I can sort this so the house can be registered.
Thanks for reading.
Lisa
:
