Could someone out there please enlighten me as to what is the difference between horizontal and proindiviso when describing a plot of land? Also which document describes which category your land falls into?

Thanks

Your escritura gives a description of your property. It is included in the escritura. For more knowledge about this subject and if you do not receive an answer from memebers of this forum, why on't you post a message to the www.andalucia.com Forum ? There are some people, particularly 'Beachcomber', who may be able to help.

Thanks for your vote of confidence Nige but this is a complex subject which is very difficult to explain. I have also taken the liberty of posting this in the other forum where Mitzipurr has asked an associated question.

There are many people who can speak both Spanish and English but lack the necessary skill and knowledge of semantics to be able to translate accurately from one language to the other. Similarly it is possible to be aware of the differences between horizontal division and proindiviso but devoid of the capacity to explain those differences and I fear that I fall into the former category in both cases.

However, never one to avoid a challenge this is my interpretation of the situation. Horizontal division is the procedure used when several dwellings are constructed upon a single plot of land in the form of a community or urbanisation. It is usual, though not necessarily so, that several dwellings may cover the same ground space.

To overcome the difficulties that this may present the whole community is subjected to the Law of Horizontal Property where everyone owns their particular dwelling but each owner has a participation in the community as a whole upon which their community fees are based. This is a preferable alternative to the same kind of situation in the UK where such dwellings are subject to leasehold which is something I know very little about.

Proindiviso is where a plot of land which cannot be legally segregated is physically divided up into several smaller plots with each person owning a share in the whole plot. Although each owner has an escritura it will quite clearly state that the plot has been subdivided in this way. Whilst it would be quite acceptable for various members of an extended family to own a property in this way it is hardly a good idea to be sharing a plot of land with some completely unknown person because if he gets into financial difficulties the whole plot could be embargoed by his creditors not just his share of it.

It would also be impossible to obtain permission to build on each undivided participation and even if a dwelling is erected illegally it would be impossible to contract for the various services and would, or course, render the property virtually unsellable in the future.

On the face of it the situations seem very similar except that in the case of an urbanisation or community it is specifically provided for by the Ley Propiedad Horizontal which sets out the rules and regulations of using a plot in such a way and provides safeguards for owners of such properties. There is no such law governing the proindiviso situation and therefore no protection from its anomalies.

An expert eye cast over a nota simple will quickly spot the difference but if you can get a look at the escritura this will also leave you in no doubt. The escritura for a legally formed community or urbanisation will contain references to the Ley Propiedad Horizontal and although it may also contain the word ‘proindiviso’ this is only a reference to the way in which a couple are purchasing their property ie ‘mitad y proindiviso’ (joint and undivided) It will also contain the names of the owners of adjoining properties as this is the way in which the situation of such a property is described.

The escritura for the undivided participation of land will contain no reference to the Ley Propiedad Horizontal and will also show the names of the other people with whom the plot is shared. (In much the same way as a husband and wife are described in a normal escritura.)

Such a division and sale of land is not illegal and as long as the purchaser is aware of the fact and all its implications it is up to him to make the decision. However, it is a sad fact that many purchasers are totally unaware of the problems and the way in which the escritura is translated in the notary’s office does nothing to enlighten them. In fact, in many cases the translation at this point becomes deliberately garbled and the relevant sections glossed over in a calculated attempt to keep them in the dark.