I am a bit concerned, as there have been a few remarks regarding Alhaurin which have made me feel a bit uneasy, particularly as I am about to move there, well in three months. I am coming over to sign deeds next Tuesday, and I'm trying to hold my natural paranoia at bay, and think that nowhere will be the perfect place, and I have to accept the good with the bad. I would be very grateful, if anyone has any information that I should be aware of regarding this location. My lawyer has,as far as I am aware done all the searches and says that the property is ok from that point of view. Is there a particular problem in that town with the legalities of buying property?

This probably stems from recent unfounded allegations of corruption against the mayor.

There are hundreds of illegal building in Alhaurín el Grande as there are in virtually every municipality not because the Town Hall has issued licences which have not been ratified by the Junta de Andalucía but because they have been built with no permission whatsoever or because a house has been built where there was only a licence for a shed.

Don't put your trust 100% in any lawyer especially one from the locality in which you are purchasing.

Are the lawyers from there generally regarded, or known to be crooked? What has happened for people to form that opinion? I'm sure it is wise not to trust any company, legal or otherwise, 100%. Can you give me some idea of what I might be up against, and what I might do about it. Have you, Beachcomber, or anyone else had a particularly bad experience in that district? Apologies for all the questions, but if I need to do something, then now would seem to be a good time. Any ideas or advice would be most welcome.

Its true what beachcomber says, everywhere in Spain you must be extra careful, because there are no principals here except cash.
When we first came over loads of sellers said dont worry about the paperwork we can sort that out later, luckily we rejected the offers although they were cheap, now we now why.

The property I am buying was built in the 50's. Is it just new buildings that may have been built illegally? I remember reading somewhere, that someone who had had all the searches done, still had problems with payment for old bills being claimed.

It will probably be ok legality wise then as its fairly established .
But still be careful, there was a case where the sellers delayed the paperwork, took out two loans on the building, then exchanged and landed the buyers for the loans.
They had done searches, but not the week previous to the exchange. ;-(

Brenda,

Like everywhere else in Spain if you get your Lawyer to get a Nota Simple when you start the purchase and it shows that the property has a Escritura, and no debts when you purchase it you will have no problems.

Take no notice of all the doomsayer's, I have lived here since 1989 and have purchased property all over Spain in that time without 1 problem, just ensure that you carry out those first two items and you will find that you will never have a problem.

The very best of luck with you new life in Spain

The Brits seem to attract problems I canot see why, but you only have to look at this forum


Big_john Spain

I wouldn`t say we are doomsayers, more just telling her to be extra careful.

PS the old couple that got done for two 25,000 loans had all the paperwork, but it wasn`t checked for the weeks delay.

JDR,

I think if you get a Nota Simple before you start or at the point of purchase, and then ensure that a Escritura is there +the other bits such as electric,water,telephone or you are capable of getting these things organised then there really is no major problem.

Spain isn't that bad a country, it's not anything worse than what used to be the U.K. in fact I think that the U.K. is far worse these day's, so I am told

It seems to me that there are a lot of very gullible people about these day's

Big_john Spain

I have never had a bad experience with a lawyer personally because I have never used one and as a result I have had no problems with any of my property transactions in Spain.

It's not just the obtaining of a nota simple that is important it is knowing how to interpret the information it contains and although it will give details of rights of way and a brief description of the property it adjoins it will not define boundaries etc.

If the property you are purchasing is fifty years old there should be no problem with its provenance. Just keep a close eye on your lawyer whoever it may be and if I were in your position I would take a professional independent translator to the notary with me and have the escritura translated, at least verbally, before I signed it.

Beachcomber,

You make a very valid point, you may also need to get a Ingeniera Technica Agricola if you are buying in the Campo, as they can look up your Parcela on the web and then come with you to ensure that it marks the boundaries exactly before you purchase


Big_john Spain

Brenda if you're still worried, try Aguera & Arrebala in Fuengirola, just above the Bus Station. I used them for when I brought my property in Ojen, they were recommended to me, and I have found out since that many people have either used them or know of them. They have a good reputation. Ask for thomas he speaks good English and he is well respected. 952460177. Even a real estate agent was nervous when I mentioned they were my laywers when I was looking at another property. They also sorted out my tax, my electricity bills etc to be done by dd from my bank. Worth having a chat to them, as they may be able to have alook and point anything amiss out before you sign. Besides my lawyer, I also asked my Bank to check over as the lawyers were new to me and I wanted to make sure intitially that everything was kosher...lol.

I have only purchased two rural properties but on the first occasion I tracked down the local goatman who put me in touch with the owners of adjoining properties from whom I obtained confirmation that they were in agreement with the boundaries and on the second, as I was unable to locate all of the adjacent owners I arranged for a topographic report and compared the result with the records held in Catastro.

This was long before the information was available online.

I think its a question of getting a reliable recommended lawyer. Its impossible to compare property purchase in the UK with Spain .......... its true to say I have read of many purchase problems in Spain, and it just wouldn't happen in the UK because of the guidelines and procedures. However we are in Spain and play by their rules. I think BigJ is correct though, asking the lawyer to confirm the escuitura is sorted and checking the debts is a priority. I know of someone who purchased a house on the basis that the escuitura would be sorted when the land registery was sorted. The lawyer said it was OK, but now 2 years later he still has no escuitura.

Thanks very much for your replies and advice. I know someone I can take to translate for me. Will also ask my lawyer if the searches are current, up to the present day. That is what you meant isn't it? Thanks again, I would never have thought of it.