Castasto Queries.

[Becca]

Dear all, can anyone clarify the procedure to correct the inofrmation held at the Catastro ?

1. Changing the name on the records as this is still in the name of the previous owner - should this be Modelo 901N and if so is it just your NIE number and copy of the Escritura that you need to send with it? At the time of purchase should it be the solicitor or Notary that should have completed this or is it usual for the purchaser to do this ?

2. The area of land shown on the Catastral plan is less than that agreed to be purchased - the previous owner that still owns adjoining land is not disputing this and has said he will sign whatever is necessary. In this case is it Modelo 903N and then send NIE, Escritura and a scale plan of the correct area signed by the original seller and the new owner ? Would anything have to be Norarised ? There is no plan in the Escritura, would a copy of the Tomo, Libro, folio plan ( obtained from the Ayuntamiento? ) be sufficient ?

3. As the area sold was part of a larger plot which the seller retained - would you have to show a formal licence to segregate obtained from the Ayuntamiento and what would happen if the segregation was not obtained or only obtained in respect of a smaller piece of land ?

4. On a seperate issue ( different property ) there was a segregation for 1000m2 but the physical land is 1200m2. The Escritura only states 1000m2 but I think the remaining 200m2 was on a private contract ( no idea why as the seller had title ) The contracto reservado contains a plan and this was signed by the seller confirming 1200m2. - How would you go about rectifying this to show the additional 200m2 on the Escritura ? For this piece of land the Catastral plan is totally incorrect showing land that we don't own and not including land that we do ! The original seller is still around and there would be no dispute -

5. We have owned the property for 10 years and are residents- is there a certain time for acquiring title by adverse possesion or similar so that the Escritura could be changed just by the equivalent of a Statutory declaration ?

6. If the property has been extended or animal pens now converted to living accomodation, is it Modelo 902N and is there a declaration that can be made to say that, in the absence of licences for obras, these works were carried out over ? many years ago ?

I should say the houses on the relative plots are noted as either disseminada or unico inmueble and the land not registered correctly is agrario

I appreciate rather a lot of questions but with so many properties being registered incorrectly, any replies may be helpful to many people !!

Any advice or information from anyone that has been through this would be very much appreciated

[DavidSearl]

FROM DAVID SEARL

FOR BECCA

Oh, dear, what a long time it has taken me to get around to this. I imagine you have already done all these things.

1.Yes, it is Form 901N, to change the "Titularidad" of a property at the Catastro. As of quite recently, the Notario is required by regulations to inform the Catastro of a change of owner when a transfer takes place. Sometimes they do it, sometimes they don't. My lawyers (the Ubeda-Retana y Asociados that you see in the banner sometimes) urge any new buyer to check with Catastro that it has been done or simply to it themselves to make sure.

2. Yes, it is Form 903N to rectify the area or boundaries of the land. There is a list of requirements with the Form itself. The Property Registry info. is good but it has no real significance for the Catastro. If their present plans are not up to date, this must be rectified.

At this point, I would like to state that a personal visit to the Catastro is a very good idea. Everybody wants to download a form, which you can do and in fact the Catastro wants you to do it. However, when things are a bit complicated, I strongly urge you to take the time and trouble and go in person.

3. Form 903N again. If your plot does not have a "Permiso de Segregacion", a permit to subdivide cleared by the Junta de Andalucia, you are in trouble.

4. It is Form 903N again, to rectify boundaries or area.

5. No. Well, actually there is a way to acquire title when no other owner is present, but try 24 years and a very complicated legal process.

6. Well, yes, sort of. If you are in Andalucia, you now need a Licencia de Primera Ocupacion of you are going to register a "new" property. You need specific, expert, local, legal advice on how to go about this one.

I repeat my advice to make a personal visit and I add advice to obtain skilled legal counsel for these matters.

Good Luck with it, David Searl

6.