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Does Size really matter

Posted: Thu Oct 29, 2020 10:56pm
11 replies507 views5 members subscribed
Mike9

Posts: 25

17 helpful points

Location: Albox

Joined: 27 Jul 2020

In the process of buying a property just outside of Albox, to retire to this year and have been presented with a bit of a dilemma regarding the actual size of the plot.

The land registry has it as 7319 m2, the Catastra has it at 4447 m2 ( as advertised in the sale)... the respective solicitors suggested getting an architect to re-measure the land and they have come back with 4068 m2.  They have recommended that we move forward with the architects measurements and that this will be reflected in the land registry and catastro.

Should i go back to the estate agent and ask for a reduction in price or swallow my pride and carry on regardless, before i truly lose the plot.   Lol

Also, is this a common issue when buying a property in Spain.

Your comments as always, are very welcome

julie7591

Posted: Fri Oct 30, 2020 8:39am

Posts: 68

28 helpful points

Location: Bédar

Joined: 6 Feb 2016

Posted: Fri Oct 30, 2020 8:39am

Same issue with us. Land registry 14,000, catasto 8800sq m. We've spoken to architect who advised because our land slopes, the satellite aerial  photograph is a lot less than the actual measurement over the land..  this may be the issue.. 

Julie

Mike9

Posted: Fri Oct 30, 2020 10:16am

Mike9

Original Poster

Posts: 25

17 helpful points

Location: Albox

Joined: 27 Jul 2020

Posted: Fri Oct 30, 2020 10:16am

Yes, ours is sloped... The bizarre thing is that the architect seems to have zig zagged up and down across the slope whereas the catastra is a straight line across the bottom of the slope... its really weird what theyve done, they have also taken out a 3 mtr by 3 mtr square at one of the corners !   Cant figure it out really

julie7591

Posted: Fri Oct 30, 2020 10:39am

Posts: 68

28 helpful points

Location: Bédar

Joined: 6 Feb 2016

Posted: Fri Oct 30, 2020 10:39am

Mike9 wrote on Fri Oct 30, 2020 10:16am:

Yes, ours is sloped... The bizarre thing is that the architect seems to have zig zagged up and down across the slope whereas the catastra is a straight line across the bottom of the slope... its really weird what theyve done, they have also taken out a 3 mtr by 3 mtr square at one of the corners ...

...!   Cant figure it out really

Our architect did a GPS survey and provided a plan confirming  the catastro boundary in green, and where our neighbour has encroached in red..  if you log onto goolzoom ( free 14day trial) you can look at the "catastro pro' plans of yours and neighbouring propertys (using your cstastro ref number) to see exactly where your boundaries should be.   

We will be taking solicitors advice about neighbours 'land grab' 

Julie

Bess

Posted: Fri Oct 30, 2020 12:57pm

Bess

Helpful member

Posts: 226

213 helpful points

Location: Huércal-Overa

Joined: 18 Mar 2018

Posted: Fri Oct 30, 2020 12:57pm

Mike9 wrote on Thu Oct 29, 2020 10:56pm:

In the process of buying a property just outside of Albox, to retire to this year and have been presented with a bit of a dilemma regarding the actual size of the plot.

The land registry has it as 7319 m2, the Catastra has it at 4447 m2 ( as advertised in the sale)... the respective solicitors suggested getting an architect to re-measure the land and they have come back with 4068 m2.  They have recommended that we move forward with the architects measuremen...

...ts and that this will be reflected in the land registry and catastro.

Should i go back to the estate agent and ask for a reduction in price or swallow my pride and carry on regardless, before i truly lose the plot.   Lol

Also, is this a common issue when buying a property in Spain.

Your comments as always, are very welcome

If  you have any thoughts of building a pool,or any building that needs foundations, even fences, check whether the land is listed as urban or rural- you cannot build anything on rural - sometimes surprising areas are rural, on the edge, or previous edge, of a village or town.  Do not take the agent's word for it, ask an independent solicitor to check for you

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Mike9

Posted: Fri Oct 30, 2020 2:36pm

Mike9

Original Poster

Posts: 25

17 helpful points

Location: Albox

Joined: 27 Jul 2020

Posted: Fri Oct 30, 2020 2:36pm

Already has a pool so okay there, it is rural and has some fencing around the property that i would be looking to move to enclose due to the dog we are bringing with us.  I understood that it is ok to reshape the fencing within the boundary, is that not the case ? 

L181SKY

Posted: Sat Oct 31, 2020 9:38am

L181SKY

Very helpful member

Posts: 999

690 helpful points

Location: Mojacar

Joined: 24 Jan 2017

Posted: Sat Oct 31, 2020 9:38am

Mike9 wrote on Thu Oct 29, 2020 10:56pm:

In the process of buying a property just outside of Albox, to retire to this year and have been presented with a bit of a dilemma regarding the actual size of the plot.

The land registry has it as 7319 m2, the Catastra has it at 4447 m2 ( as advertised in the sale)... the respective solicitors suggested getting an architect to re-measure the land and they have come back with 4068 m2.  They have recommended that we move forward with the architects measuremen...

...ts and that this will be reflected in the land registry and catastro.

Should i go back to the estate agent and ask for a reduction in price or swallow my pride and carry on regardless, before i truly lose the plot.   Lol

Also, is this a common issue when buying a property in Spain.

Your comments as always, are very welcome

This is where I go to see ANY plot or house anywhere in Spain.   Just zoom in and click on a property and when the ref comes up click and see all about it. 

Mike9

Posted: Sat Oct 31, 2020 10:06am

Mike9

Original Poster

Posts: 25

17 helpful points

Location: Albox

Joined: 27 Jul 2020

Posted: Sat Oct 31, 2020 10:06am

Thanks very much for all the useful information 👍👌

Mike9

Posted: Fri Nov 20, 2020 10:51am

Mike9

Original Poster

Posts: 25

17 helpful points

Location: Albox

Joined: 27 Jul 2020

Posted: Fri Nov 20, 2020 10:51am

Mike9 wrote on Sat Oct 31, 2020 10:06am:

Thanks very much for all the useful information 👍👌

Update...  We've decided to walk away from this property... Our solicitor, Angela Morales (who is brilliant) insisted that the farmer signed a Acta de Deslinde at the notary so that he could not claim anymore land back in the future, the vendors insisted that we pay the €1200 euros that this would cost. The farmer refused to sign it...

It transpires that a sale fell through a year ago because of the land dispute.  Almeria Homes knew all about it and said nothing, which has really made us angry with them.

So we are over here now and have attained a rental in Almanzora to get the residencia process moving and will look for an alternative permanent home whilst we are here.

Something that we should have done in the first place...

Alls well that ends well

DarioMartin

Posted: Fri Nov 20, 2020 7:47pm

DarioMartin

Legendary helpful member

Posts: 5385

6422 helpful points

Location: Vera

Joined: 16 Aug 2017

Posted: Fri Nov 20, 2020 7:47pm

Mike9 wrote on Fri Nov 20, 2020 10:51am:

Update...  We've decided to walk away from this property... Our solicitor, Angela Morales (who is brilliant) insisted that the farmer signed a Acta de Deslinde at the notary so that he could not claim anymore land back in the future, the vendors insisted that we pay the €1200 euros that th...

...is would cost. The farmer refused to sign it...

It transpires that a sale fell through a year ago because of the land dispute.  Almeria Homes knew all about it and said nothing, which has really made us angry with them.

So we are over here now and have attained a rental in Almanzora to get the residencia process moving and will look for an alternative permanent home whilst we are here.

Something that we should have done in the first place...

Alls well that ends well

Out of curiosity, are you looking for a large house, plenty of land and a swimming pool in a quiet setting, but close to amenities?

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