Legal or not?

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18 Aug 2007 12:00 AM by palamino Star rating in Torremolinos. 1 posts Send private message

Hi... A question for Maria de Castro (if she has time!)

We are buying a new build house on 'rustic land' which has replaced a ruin that was originally there. The build is the same size as the ruin was, but is unfinished and already registered at it's municipal town hall. We have the nota simple which our solicitor has verified is ok.

A valuation company has now informed our bank that the property we intend to buy is on a 'parcela' that is not legally big enough '6,000 sq. mtrs'. They have given us a 'conditional valuation' until the Junta de Andalucia passes the house as acceptable.

However, the Spanish builder has assured us that the house has a 'Certificado de Antiguedad' and was registered before the law changed in 2003. Our solicitor is unavailable until the end of August and we are getting worried!

Could you shed some light on this, because it is extremely stressful to be told different things from different camps. Is our house legal? How do we find out for ourselves to eliminate further worries?

We would really appreciate any help because the 'Not knowing' is too much!

Kind regards...

Jazz

 





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18 Aug 2007 6:59 PM by rowlandsbb Star rating in Gloucestershire &Hue.... 780 posts Send private message

rowlandsbb´s avatar

get some good legal advice!

Do you want to be a feature on  TV about buying in Spain?

Finca 's are always difficult to make sure that you are ' eventually the owner'

Also not easy to re sell done up....normally only the Expat market

The Spanish seem to buy as close to 'front line ' as they can afford!...they buy more than anyone else in Spain......surprise....surprise

But you are buying a ' life style' change.....so if it is for you ....go for it but make sure that you have no risk

Life Style changes when they go wrong are not nice

You can have a ' Spanish Environment' to live in without all the problems of buying Rustic Property

And as your Spanish lawyer has told you it is the 'Spanish Land Grab Laws'   which will come in to play if you buy in an area which the local Council would like developed  



_______________________

 

 

 




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19 Aug 2007 1:38 AM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

mariadecastro´s avatar

Information on Nota SImple is the most relevant. What do you have there? I would need to see  an updated  Land Registry  information ( Nota Simple Informativa) for a full response.



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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