A good Spanish property agent should give someone buying overseas the contact number of a practicing solicitor who is experienced and has carried out many deals in residential property in Spain. There are even some English lawyers who do conveyancing in Spain. Here are some things you might choose to ask your estate agent or seller.
The Catastro Registry will show who the property is registered to.The UK equivalent of this is the Land Register where properties and their owners are listed on the Register. Proof of registration is essential. Also has the registration been carried out properly? Is the description, the land area for the property and its boundaries correctly declared?
1.Who owns the property? You often find that properties in Spain are owned by several people from the same family, often happening when the property is passed down form one generation to the next. So when it is sold, permission is needed from everyone who owns it. If a company owned the property then there are extra precautions needed to make sure the transfer is correct.
2. Outstanding charges. You will often find that there are charges attached to a property in Andalucia.Theses are referred to as a notice of attachment known as "Hipoteca o anotacion de embargo. To make sure there sis no risk for you when you take ownership, your legal representative needs to make sure there are no outstanding obligations. Very often charges can be associated with the property and not with the existing owner, which you would be taking on board.
Finally investigate any existing "servidumbre" which are rights in favour of a third party, like a neighbour. These may infringe on what you consider to be your property.
Here are three ways property is categorised. 1. Suelo no urbanizable o suelo rstico This Land is not for development and no building is allowed at all. 2. Suelo urbanizable In this classification, buildings are not allowed. Property or land owners have certain development duties. 3. Suelo urbano (urban land) Here, building is allowed and must be in accordance with the local General Plan (Plan General De Ordenacion Urbana). What that allows is for buildings to be built in the general area of the property. Only properties built on urban land should be purchased but you must check that building activity is or was carried out following the Plan General De Ordenacion Urbana rules and regulations.
These suggestions are not legal advice and you should talk to a good lawyer who will follow these steps to the letter and safeguard your interests. But they should give you some food for thought as you browse available Andalucia properties.
The Catastro Registry will show who the property is registered to.The UK equivalent of this is the Land Register where properties and their owners are listed on the Register. Proof of registration is essential. Also has the registration been carried out properly? Is the description, the land area for the property and its boundaries correctly declared?
1.Who owns the property? You often find that properties in Spain are owned by several people from the same family, often happening when the property is passed down form one generation to the next. So when it is sold, permission is needed from everyone who owns it. If a company owned the property then there are extra precautions needed to make sure the transfer is correct.
2. Outstanding charges. You will often find that there are charges attached to a property in Andalucia.Theses are referred to as a notice of attachment known as "Hipoteca o anotacion de embargo. To make sure there sis no risk for you when you take ownership, your legal representative needs to make sure there are no outstanding obligations. Very often charges can be associated with the property and not with the existing owner, which you would be taking on board.
Finally investigate any existing "servidumbre" which are rights in favour of a third party, like a neighbour. These may infringe on what you consider to be your property.
Here are three ways property is categorised. 1. Suelo no urbanizable o suelo rstico This Land is not for development and no building is allowed at all. 2. Suelo urbanizable In this classification, buildings are not allowed. Property or land owners have certain development duties. 3. Suelo urbano (urban land) Here, building is allowed and must be in accordance with the local General Plan (Plan General De Ordenacion Urbana). What that allows is for buildings to be built in the general area of the property. Only properties built on urban land should be purchased but you must check that building activity is or was carried out following the Plan General De Ordenacion Urbana rules and regulations.
These suggestions are not legal advice and you should talk to a good lawyer who will follow these steps to the letter and safeguard your interests. But they should give you some food for thought as you browse available Andalucia properties.
About the Author:
Guides and information on buying Andalucia property Spain. Further information on buying property for sale Costa Blanca Spain. Site also holds an sound track of a discussion with an English/Spanish solicitor based in Spain.
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