17 Nov 2023 1:26 PM:

Hi there, many thanks for your suggestion.
However, I already sent a WhatsApp to the previoius owner and told him that as we were going to put the finca on the market, we needed to go over the escritura as there was a discrepency.
So we sat round the kitchen table and showed him the aerial photo with the pajero included on our piece of land. The outcome was that he waved it away with his hand.
One thing that I can imagine is that he would say if he was including the pajero in the sale, he would have asked for more.
Our estate agent has offered to have a talk with him, although I've yet to ask the previous owner to agree to that.

Thread: Is the drawing of the land on the escritura verbally changeable?

--------------------------------------

16 Nov 2023 11:30 PM:

Thank you.

 I hadn't considered contacting the citizen’s advice bureau or the Samaritans so that's a very helpful thought. I really don't want to fall out with the people involved, so I have to think about if it's worth it. 
What is certainly worth it is to get a land surveyor before purchasing a place with land.

Thread: Is the drawing of the land on the escritura verbally changeable?

--------------------------------------

16 Nov 2023 9:07 PM:

Hello Kavanagh,
Thank you for your comment and I take in what you say. However, I was trying to keep my question as simple as possible but there is a bit more to it.
When we were buying the finca, the owner demostrated with an arm where land we were to buy finished. Naively we didn't get it measured and staked out because the land was overgrown.
Nor could we use an aerial photo as they weren't common 21 years ago we bought the finca.
So the situation is that although the drawing of the land is on the escritura, the pajero that lies on the land is only shown on an aerial photo. We didn't really expect that to be included because according to where the owner showed us, it wasn't on the land we were buying.
However, now we have the aerial photo from the Ayuntamento, we can see that the pajero is on our land, the land being what is on the escritura.
We have approached this with the owner but he says he's not interested because he had demostrated with his arm where our land began and ended.

However we now have an aerial photo

Thread: Is the drawing of the land on the escritura verbally changeable?

--------------------------------------

13 Nov 2023 12:18 PM:

We are now putting our finca up for sale. My questions is:
Is the drawing of the land as shown on the escritura legally binding? So does it hold if there was a verbally agreed swop of a small piece of land with the owners of the bordering land?
Or do we have to stick to what is on the escritura?
Just to add, we would prefer to stick with what is on the escritura as we only did a land swap to help our neighbouring farmer. However, now we want to sell, we don't want to have to pay for a new escritura.
 

Thread: Is the drawing of the land on the escritura verbally changeable?

--------------------------------------

12 Sep 2023 2:37 PM:

Many thanks for that. We are mulling it over and speaking to our estate agent person next week.

Thread: discrepancy over who owns what land -

--------------------------------------