Land Registry and Catastral problem

Information and questions about the Law in Spain and Andalucia.
Kingscorner
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Land Registry and Catastral problem

Postby Kingscorner » Thu Dec 19, 2019 2:30 pm

On 25th June 2002, my wife and I, purchased a house in Castell de Ferro, Granada. The house was purchased from an English couple who had owned it for about 4 years.
All of the paperwork was done by the Notary and after signing the Escritura, was told to pay some €2000 to the Land office in Motril. This I did leaving them the Escritura and the cash. I then went to an office in Orgiva and gave them my details and a standing order for payment of the IBI. I believed that this would put the records in order as me becoming the owner.
I had never checked the recorded measurement of the property and assumed it was as recorded. I have always paid the IBI and I remember that in about 2010, everyone in the village was told that their catastral area was amended. My house was now recorded as 114m2 being 2 floors of 48m2 and 1 of 18m2, although previously it was recorded as 60m2. My Escritura also mentions 60m2
The documents show the “Titulares catastral” are still in the name of a Spanish woman, who I believed previously owned the house, had died and the house sold by relatives to the English couple.
As we are going to sell our home, it has been discovered that the property is still in the name of the Spanish woman.
I have been paying the IBI on the property since 2002
I contacted a Spanish lawyer and requested them to get the papers put in order and rectify the measurements at the Land Registry and ensure the property was registered in my name
I was told that it could be done by declaring an “extension” (despite the fact that it was never extended” which is about to cost me €3000 odd plus architects fees.
I am now told that the Notary is of the opinion that the Land Registry have the footprint as 60m2 when it is actually 48m2. They tell me that if they try to alter the registry entries by declaring an “extension”, the Land Registry will start proceedings to reduce the size, which are very lengthy and costly. It involves getting our neighbours to sign a deed in front of a Notary that they do not object to the change.
Details of the purchase by me is shown on the Nota Simple, (which is issued by the Land Registry). It is also shown on the Escritura as recorded at “Registro de la Prpiendad numero dos – Motril”
I do not know what I have (or not) done that I should have this problem. It clearly started when the property was first registered and then the English couple who bought it.
I am also concerned that not all lawyers in Spain can be trusted.
I find it hard to believe that it is that difficult, if there is sufficient evidence to prove the ownership and different recorded size, to get the Land Registry to amend their records.
Has anyone any ideas as to how I can simply get the ownership and size rectified by amending the Land Registry Details?

maureenscot
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Re: Land Registry and Catastral problem

Postby maureenscot » Thu Dec 19, 2019 6:52 pm

So sorry for your situation. I am sorry i cannot help you but am sure others with knowledge and experience will be forward soon.
I think you need professional advice. I think you should start a new thread running alongside this asking for recommendations for trustworthy Gestors and lawyers in your area or beyond

El Cid
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Re: Land Registry and Catastral problem

Postby El Cid » Thu Dec 19, 2019 8:57 pm

It doesn’t need a separate thread, it should be included in the original thread.

This sort of problem is very common and very difficult to resolve. What is on the escritura, the catastral and the registry is often very different.

I wish you luck!

Sid

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peteroldracer
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Re: Land Registry and Catastral problem

Postby peteroldracer » Thu Dec 19, 2019 11:20 pm

kingscorner - I really feel for you.
I would just like to say that anyone thinking of buying in Spain takes a warning from your words..."I believed that this would put the records in order....
I had never checked ..... and assumed "
Spain is not the UK.
I used to cough to disguise a [email protected] I [email protected] to disguise a cough.

jhonie99
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Re: Land Registry and Catastral problem

Postby jhonie99 » Fri Dec 20, 2019 11:48 am

I don't know if you're confused or just presented your situation badly.

Firstly, If a recent nota simple states that you are the owner, that means you are the owner! Nota simple is a reflection of what's on the register which is backed by an escritura.

Secondly, catastro does NOT define ownership and the fact that somone elses name is on the catastro is largely irrelevant. In other words, a catastro document showing title is never used as the basis for buying/selling. Only escrituras are used for that purpose.

What you have done back in 2002, is go to the catastro with your escritura copy and fill out a modelo to change the name. Back then it was easy. These days, due to the attempt to get the catastro and registry alligned the process can be more difficult.

rhetorical question....have u filled out the relevant name change for the catastro and has it been rejected? I think its modelo 901N or maybe 903N, etc.

Stop thinking British and start thinking a bit more Spanish. A Spanish buyer may not be concerned about the situation, particularly if they really want to buy it.

You're looking for trouble by introducing all these issues now. Why not try and sell it the way it is. If after a year noone bites, consider the situation again.

Pamela1
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Re: Land Registry and Catastral problem

Postby Pamela1 » Fri Dec 20, 2019 12:54 pm

I agree joniee99, i would just try selling it as it is and yes Spanish people don't fret or get concerned over the half the things we brits do but i guess that has something to do with being out of our comfort zone..


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