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Are illegal properties in Arboleas - Page 2

Rascalmate

Posted: Thu Sep 13, 2018 8:16am

Rascalmate

Helpful member

Posts: 220

290 helpful points

Location: Garrucha

Joined: 28 Nov 2016

Posted: Thu Sep 13, 2018 8:16am

It is scary, but only if you do not get the right advice. 

Mr Knowall down the local bar is one to avoid.

I always quote an example.

My friend was told by the typical expat expert down his bar, 7 years ago,  'oh you can't get residency cos you rent'

So he did not apply. Now he has insufficient funds and income to qualify. With Brexit, he is worried.

If he had taken proper qualified advice he would have got residency in 2011. 

Proper legal advice in Spain is mandatory!

Its usually a bargain villa or finca for a reason, especially if it is set in its own grounds.

Don't be put off, get a Spanish Abogados approval. Its not hard to find an English speaking one.

You can enjoy your life in Spain.

Good luck for your future.

alant

Posted: Thu Sep 13, 2018 12:36pm

alant

Helpful member

Posts: 256

154 helpful points

Location: Arboleas

Joined: 8 Aug 2015

Posted: Thu Sep 13, 2018 12:36pm

If this was targeting me, why would I require an English speaking solicitor?

I use a gestor to carry out my legal work. One day I was with him when he received a telephone call, obviously I gould only ear one side of the conversation. It appeared that it was someone seeking advice about a traffic fine, my man advised him that he could pay the fine in instalments and that he would have to go to trafico to make arrangements.As always in conversations between Spaniards everything was repeated at least twice. When the conversation ended my man explained what the call was about and I said tt that was what it I thought it was. The sting in the tail   is that that the inquire was a solicitor.

So as I said in my previous post, if everything was in order you can not get it wrong.Over the years I have been involved with many solicitors and i would not recommend one of them.

As a layman I could check your paperwork to see if everything was in order, not rocket science.

Mona

Posted: Thu Sep 13, 2018 12:42pm

Mona

Original Poster

Posts: 24

5 helpful points

Location: Arboleas

Joined: 24 Aug 2018

Posted: Thu Sep 13, 2018 12:42pm

Rascalmate wrote on Thu Sep 13, 2018 8:16am:

It is scary, but only if you do not get the right advice. 

Mr Knowall down the local bar is one to avoid.

I always quote an example.

My friend was told by the typical expat expert down his bar, 7 years ago,  'oh you can't get residency cos you rent'

So he did not apply. Now he has insufficient funds and income to qualify. With Brexit, he is worried.

If he had taken proper qualified advice he would have got residency in 2011. 

Proper legal advice in Spain is mandatory!

Its usually a bargain villa or finca for a reason, especially if it is set in its own grounds.

Don't be put off, get a Spanish Abogados approval. Its not hard to find an English speaking one.

You can enjoy your life in Spain.

Good luck for your future.

Thank you for your sound advice which I will follow.

Jeanielee

Posted: Sun Sep 16, 2018 9:08am

Posts: 25

8 helpful points

Location: Arboleas

Joined: 7 Oct 2016

Posted: Sun Sep 16, 2018 9:08am

When we found our house we went to the town hall they will tell you if the property is legal or not.

Deleted_user_29401

Posted: Sun Sep 16, 2018 10:21am

Deleted user

Posted: Sun Sep 16, 2018 10:21am

Agree, but they must propvide copu of the licencia de primera occupation

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Hotoneinspain

Posted: Wed May 27, 2020 9:41pm

Posts: 117

47 helpful points

Location: Albox

Joined: 15 Dec 2019

Posted: Wed May 27, 2020 9:41pm

Rascalmate wrote on Wed Sep 12, 2018 8:16pm:

Town Halls in the past have been in many cases the biggest culprits of allowing and licensing building on illegal land. 

Often misdescribed as legal or illegal builds.

A simple search on the internet will provide enough information of the number of " Lord Mayors' doing time for corruption- in English for taking backhanders and allowing building on land that would never ever get sanctioned from Central Goverment.

Vera is a big culprit. We all saw on tv the home being bulldozed flat, yet the garage stayed because according to Central Gov was situated on legal land.

When you look at village property you are more at risk than a large modern urbanization.

A ' habitation licence' is no guarantee that your property is on legal or illegal land. It could have been issued by the same " corrupt council".

How do you check? 

The only way to be sure is show a Spanish Abogado your intended purchase.

Most Abogados will tell you instantly whether its an area to avoid.

Other than that the Abogado will do the type of searches only a professional can do and then take responsibility for it

You need to be very careful.

 I have friends who fell into the same trap, thinking they had a legal property because  they had habitation licences issued by the council.

Now they are like thousands of innocent but misguided expats that live in fear of losing their homes because they found out their homes are built on illegal land.

Good luck.

OK Does this happen still? ...even with established home of say 10 /11 years old ?

100% agree...every property one plans to buy should go through an Abogado, pref one local to the area you wish to buy...right?

BUT, Is this fail safe?

Naming any exceptionally good one or who you feel secure in recommending, would be a great asset to those of us buying in the area for the first time... (smiley face) ( pretty please) Preferable in the Albox area...Thanks

jackie444

Posted: Thu Sep 24, 2020 3:55pm

Posts: 2

Location: Oria

Joined: 15 Dec 2018

Posted: Thu Sep 24, 2020 3:55pm

hi if i want to know more about a property that i would like to buy could the local town hall tell me if it is illegal or not what do i need to ask for at the town hall

ziggy

Posted: Sun Sep 27, 2020 3:50pm

Posts: 8

Location: Vera Playa

Joined: 21 Jul 2020

Posted: Sun Sep 27, 2020 3:50pm

Hi. You need a licence of first occupation. It is the only document that will prove it is legal. Ask to see the original. Just ask in the town hall. Hope this helps Alan.

DeeHenry

Posted: Sat Nov 14, 2020 3:13pm

DeeHenry

Helpful member

Posts: 198

72 helpful points

Location: Arboleas

Joined: 9 May 2019

Posted: Sat Nov 14, 2020 3:13pm

Just ask the builder or promotor for a copy the the planning Aproval that has been stamped approved by the Junta of Andalucia, local planning has proven not to be 100%  as some builders put in to build on rustic land and the local council approve but then you need to have the Junta approve it.

In Spain you can get" Aprobation par silencing" meaning the builder applies and if he doesn't receive a reply, he goes ahead and builds, but, later on the Junta finds that the building has gone ahead and it might then be illegal.

You can of course purchase properties that were ilegal but have been "regularised" not sure on that word, it means they will not be pulled down ,but they are not officially on urban land, so you can live in themDee

Albamar

Posted: Tue Mar 16, 2021 10:21am

Posts: 8

Location: Arboleas

Joined: 7 Mar 2021

Posted: Tue Mar 16, 2021 10:21am

pepita wrote on Wed Sep 12, 2018 12:50pm:

You are very welcome, good luck with you search. Our agent was also extremely good too. Cal

Hi

We are currently looking to purchase in Arboleas, which agent did you use?

Th

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