Land Registry Issues
Has anyone experienced this latest issue, our best friends bought a house in Oria where the vendor underestimated the land measurements, they discovered this when they went to the Tax Office to query why they had not received their IBI bill, the tax office explained to them the vendor had underestimated the land to save paying a small amount of tax, however they helped them and recommended they get a Topographer to re-measure and when completed to go to the NOTARY in PURCHENA to have their deeds changed, they employed a Qualified Topographer in 2011 to re-measure the land, with his report they went to the NOTARY in PURCHENA to have the land registered with correct meters and the paid them their fee in 2012, when they completed the new Escritura they went to the Land Registry office in 2012 paid their fee to change the land details, the land registry gave them a receipt and confirmation the land had been changed with the correct meters. In November 2022 an Estate agent applied to the land registry office for a new nota simpla unbeknown to them, when it arrived it had the meters recorded before they registered the new meters, they thought it was an error and had planned to go and see the NOTARY when they are allowed to travel to Spain, they wrote to the Notary in November 2022 and they did not say the NOTARY they used was no longer there. In the meantime they had an offer on their house and the buyers abogado from Albox is saying the law has changed and that they must do the entire process again which will take at least 6 months including notifying the neighbour's of the land measurements, BUT they did this via the NOTARY in PURCHENA in 2012, the land measurements were advertised in Oria, they paid the NOTARY about Euro 500 to advertise the land meter changes in the Almeria Press in 2012. They paid about Euro 7500 to have the Topographer remeasure their entire plot and to get the NOTARY to change the deeds, last night the abogado told them the NOTARY they used in PURCHENA is no longer there, they asked him for the name of the replacement NOTARY and he did not reply to them - they found it themselves, they sent it to him to confirm and again he ignored them, they asked him for the name of the person at the NOTARY who had replied to one of their emails, he replied providing his first name only, only, they requested his surname and the abogado ignored them again. In 2019 they employed a SURVEYOR to complete an AFO he did so and he recorded the correct land measurements and has been very cooperative, he too finds this incredible, he thought they had not gone to the land registry to register the new meters but they did and have the receipt of payment and the confirmation of the land measurements, he has not held his hand out for payment. They have contacted the Topographer and he's going to the Land office in Almeria for them on Monday and he too does not expect payment. What is interesting is the abogado the buyers located in Albox emailed them when they advertised the house for sale asking if he could act for them. Any information would be helpful please