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Land and Property registration

Land and Property registration

Old Mar 27th 2008, 6:50 pm
  #16  
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Originally Posted by SueG View Post
Can I ask where did you get the above information from?

The information in italics is what my lawyer has found out. My father had employed a solicitor to sort out the issues but didn't appear to do anything but take his money!
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Old Mar 27th 2008, 6:56 pm
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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.
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Old Mar 27th 2008, 7:21 pm
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Originally Posted by Hillybilly View Post
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.
My father employed spanish builders to build the extension. He paid the licence fees to the estate agent that sold him the property, he was also the same person that put him in touch with the builders, unfortunately

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
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Old Mar 27th 2008, 7:29 pm
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That second agent was a real sweetheart, wasn't he?
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Old Mar 27th 2008, 7:40 pm
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Originally Posted by bil View Post
That second agent was a real sweetheart, wasn't he?
An absoute star.

Are they all like this on the Costa del Sol?
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Old Mar 27th 2008, 7:56 pm
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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.
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Old Mar 28th 2008, 10:29 am
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Originally Posted by Calls View Post
IBI local rates payment - These have now been paid and are upto date[/I]
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!
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Old Mar 28th 2008, 4:25 pm
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Originally Posted by spanishfamily View Post
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!
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.
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Old Mar 28th 2008, 6:37 pm
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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.

Last edited by bil; Mar 28th 2008 at 6:49 pm.
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Old Mar 28th 2008, 8:25 pm
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Originally Posted by bil View Post
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.

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
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Old Mar 28th 2008, 9:59 pm
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If everything were fair, I would be. Sad but true.

You keep fighting kid.
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Old Mar 28th 2008, 11:00 pm
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Default Re: Land and Property registration

Originally Posted by Calls View Post
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!.
Its easy for people to tell you to walk away when its not their money
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Old Mar 28th 2008, 11:21 pm
  #28  
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Is that ever true!
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Old Mar 29th 2008, 4:34 pm
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Default Re: Land and Property registration

Originally Posted by Calls View Post
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:
I have sent you a private message as I don't want to breach any of the forum rules.
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