Land status validation

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21 Nov 2009 12:00 AM by stephieb Star rating. 20 posts Send private message

I am seeking some advice on validation of the legality of a development in Axarquia - please.

I am in the process of purchasing an off plan property that has been available for some time now.  There are occupants in all of the other houses within the development. However, due to some of the corruption problems relating to property development earlier in the year, the FLOs were not honoured on the phase 2 properties due to a freeze in activity whilst investigations continued.

The first phase (the one I am looking to purchase) received their FLOs prior to this freeze and I am a little concerned that those first properties MAY not be legal.  I am using a solicitor linked to the agent I bought from (Lawyers of Spain)  and I do know , from the contract, that the developer's lawyer is not the same one. 

Prior to completing, and parting with more money,  I would like to ensure that the development on the piece of land is 100% legal and it not likely to be bulldozed and am wondering if I can commission another lawyer to complete some form of health check/validation exercise. Having heard the programme on radio 4 the other day with Marc White, even with separate lawyers, problems can and will occur due to agents, lawyers and developers all working together.............

Can anyone provide any advice........... please?  Or is it a case of starting from scratch and moving to an independent lawyer to complete the whole conveyancing for me?

Much appreciated.

 

Stephie





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21 Nov 2009 3:58 PM by patpur Star rating in Castle Bromwich Bir.... 389 posts Send private message

Hy Stephieb never use the agents lawyers, if the crunch comes they will be on the agents side not yours.Get an independent lawyer ( one ojt of the area if possible ) Do you need a mortgage if so the bank should check out weather it islegal or not as they do not want to be left with any more properties on there books that they can not  get rid of. best of luck with your purchase. regards Pat.





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21 Nov 2009 4:28 PM by stephieb Star rating. 20 posts Send private message

Thank you for your response.

Yes,  I am awaiting confirmation of a mortgage and have been advised previously that the bank will not lend without ensuring that the property is legal.  However, I don't suppose this is going to be 100% guaranteed even so...

But, someone has suggested that I have a meeting with the new mayor (the original trialled and charged for corruption related to development of property on local land...earlier this year..)  The charged mayor is the one who granted the license for this development..........

Much appreciated!

Stephie





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21 Nov 2009 4:53 PM by patpur Star rating in Castle Bromwich Bir.... 389 posts Send private message

 No problem l just wish l had 100% cast iron answer, but that is impossible in Spain. Yes the prisons are full of ex Mayors they could do as they liked because the useless spanish goverment never checked or done anytjing to stop it from happening. regards Pat. 





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21 Nov 2009 5:00 PM by stephieb Star rating. 20 posts Send private message

Thanks again!! 

Well, I hope u r enjoying your place in spain anyway!

and no, if there were cast iron answers, this forum probably wouldn't exist.......

 

Have a great weekend





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