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Land Registry Issues

Posted: Tue Feb 7, 2023 6:53pm
6 replies104 views3 members subscribed
AngelaA

Posts: 5

2 helpful points

Location: Almería

Joined: 7 Feb 2023

Our friends own a house in Oria and when they tried to pay IBI the year after buying it they learned the land measurement was inaccurate, the vendor had underestimated it to avoid paying a small amount in tax, the nice lady in the Tax Office advised how they could correct this, they paid about Euro 3500 to a Notary, had the land re-measured and employed a Topographer to do it, they then paid Euro 3500 to have an AFO completed by a qualified Surveyor, they did this to ensure the new owner would not encounter the problems they did.   They received an offer, their abogado is telling them the land measurement was never changed, wait for this one, it is a new law and if you changed the land sizes prior to 2015 you need to re-do it, re-pay and it will take at least 6 months, they have copies of all the receipts stating the correct land measurements, has anyone else experienced this latest Spanish earner, ironically they have all the receipts and confirmation the land registry office changed it, help would be appreciated  

DarioMartin

Posted: Thu Feb 9, 2023 8:03pm

DarioMartin

Legendary helpful member

Posts: 5397

6438 helpful points

Location: Vera

Joined: 16 Aug 2017

Posted: Thu Feb 9, 2023 8:03pm

Change Abogados is the advice.  Once they announce that, the abogado will likely "discover" that all items neccessary HAVE in fact been completed, and were just "misfiled" or some such.

I am forming the conclusion after hearing numerous stories from a great many people that there abounds a great deal of incompetence amongst Solicitors in Spain.  You can get some absolutely magnificent ones ... but you can get some absolute shockers as well.

Menchu77

Posted: Fri Feb 10, 2023 4:57pm

Posts: 27

10 helpful points

Location: Almería

Joined: 1 Aug 2022

Posted: Fri Feb 10, 2023 4:57pm

AngelaA wrote on Tue Feb 7, 2023 6:53pm:

Our friends own a house in Oria and when they tried to pay IBI the year after buying it they learned the land measurement was inaccurate, the vendor had underestimated it to avoid paying a small amount in tax, the nice lady in the Tax Office advised how they could correct this, they paid about Eu...

...ro 3500 to a Notary, had the land re-measured and employed a Topographer to do it, they then paid Euro 3500 to have an AFO completed by a qualified Surveyor, they did this to ensure the new owner would not encounter the problems they did.   They received an offer, their abogado is telling them the land measurement was never changed, wait for this one, it is a new law and if you changed the land sizes prior to 2015 you need to re-do it, re-pay and it will take at least 6 months, they have copies of all the receipts stating the correct land measurements, has anyone else experienced this latest Spanish earner, ironically they have all the receipts and confirmation the land registry office changed it, help would be appreciated  

True to Dario Martin reply. My added note make sure your friend is on this before July because July & August "working" comes to stand still in Spain and there's NOTHING one can do  about it. Best wishes to your friends!

AngelaA

Posted: Fri Feb 10, 2023 9:03pm

AngelaA

Original Poster

Posts: 5

2 helpful points

Location: Almería

Joined: 7 Feb 2023

Posted: Fri Feb 10, 2023 9:03pm

DarioMartin wrote on Thu Feb 9, 2023 8:03pm:

Change Abogados is the advice.  Once they announce that, the abogado will likely "discover" that all items neccessary HAVE in fact been completed, and were just "misfiled" or some such.

I am forming the conclusion after hearing numerous stories from a great many people that there abounds a great deal of incompetence amongst Solicitors in Spain.  You can get some absolutely magnificent ones ... but you can get some absolute shockers as well....

...

The latest problem is the notary they used is no longer there, I think they need to contact the college of notarios, what do you think?

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DarioMartin

Posted: Fri Feb 10, 2023 9:09pm

DarioMartin

Legendary helpful member

Posts: 5397

6438 helpful points

Location: Vera

Joined: 16 Aug 2017

Posted: Fri Feb 10, 2023 9:09pm

AngelaA wrote on Fri Feb 10, 2023 9:03pm:

The latest problem is the notary they used is no longer there, I think they need to contact the college of notarios, what do you think?

Even if the notary isn't there, their office should still have some record of the work done, surely?

I'd be contacting the Notaries office before trying the Colegio, I must admit

AngelaA

Posted: Fri Feb 10, 2023 9:50pm

AngelaA

Original Poster

Posts: 5

2 helpful points

Location: Almería

Joined: 7 Feb 2023

Posted: Fri Feb 10, 2023 9:50pm

DarioMartin wrote on Fri Feb 10, 2023 9:09pm:

Even if the notary isn't there, their office should still have some record of the work done, surely?

I'd be contacting the Notaries office before trying the Colegio, I must admit

Thank you will keep you posted

AngelaA

Posted: Fri Feb 10, 2023 9:52pm

AngelaA

Original Poster

Posts: 5

2 helpful points

Location: Almería

Joined: 7 Feb 2023

Posted: Fri Feb 10, 2023 9:52pm

Menchu77 wrote on Fri Feb 10, 2023 4:57pm:

True to Dario Martin reply. My added note make sure your friend is on this before July because July & August "working" comes to stand still in Spain and there's NOTHING one can do  about it. Best wishes to your friends!

Thank you I have already called them

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