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Is it mine ?

Posted: Tue Dec 10, 2019 10:19am
10 replies739 views6 members subscribed
Runwilde

Posts: 34

6 helpful points

Location: Lliber

Joined: 22 Jun 2019

We bought our house in June and believe that a strip of land at the back of our garden which separates us from the neighbour belongs to us. 

The neighbours from above came to visit us and tell us that they have inherited the house from grandparents and will be doing some improvements -they believe that the land belongs to them ........This land is on our deeds and registered at the castastrol as ours plus Suma, therefore we pay tax on it !!! They mentioned that they were going to register the land .... so my question is .... will this automatically flag up when they try to register it as theirs ??? We want to nip this in the bud and really do not want a fight with lawyers. 

Any suggestions welcome 

jimtaylor

Posted: Tue Dec 10, 2019 11:22am

jimtaylor

Legendary helpful member

Posts: 5612

8739 helpful points

Location: Mudamiento

Joined: 2 Feb 2017

Posted: Tue Dec 10, 2019 11:22am

Have a look at Certificado de Inmueble in:

https://www.costablancaforum.com/area/almorad%C3%AD-spain-11/general-almorad%C3%AD-discussion-9/jims-guide-land-registry-part-2-registro-de-la-propiedad-79190/

"a Certificado de Inmueble is signed by the Registro and is acceptable as a legal document, and can be used in any legal proceeding. Any errors in it and the Registro is held liable and has to pay compensation."

Jimmyone

Posted: Tue Dec 10, 2019 12:25pm

Posts: 82

40 helpful points

Location: Cocentaina

Joined: 16 Nov 2019

Posted: Tue Dec 10, 2019 12:25pm


this might be too simple, but, cant you check the catastrol on their property

Im in the process of looking at propoerties

Its the first thing I  do

jim

Runwilde

Posted: Tue Dec 10, 2019 3:43pm

Runwilde

Original Poster

Posts: 34

6 helpful points

Location: Lliber

Joined: 22 Jun 2019

Posted: Tue Dec 10, 2019 3:43pm

Thanks Jim. 

As far as I’m aware you have to have some kind of reference number . Interestingly enough our next door neighbours have also indicated that the above neighbours have made reference to their land too which runs across the back of us and next door.The family in question who are trying to claim the land say it’s been in the family since the 70s but not registered (which doesn’t make sense to me). I’m just a bit concerned that they are due to start work in Jan and will crack on anyway as they are convinced it’s theirs !!!

I just hope it will flag up as soon as they try and register it . 

jimtaylor

Posted: Tue Dec 10, 2019 4:18pm

jimtaylor

Legendary helpful member

Posts: 5612

8739 helpful points

Location: Mudamiento

Joined: 2 Feb 2017

Posted: Tue Dec 10, 2019 4:18pm

Runwilde wrote on Tue Dec 10, 2019 3:43pm:

Thanks Jim. 

As far as I’m aware you have to have some kind of reference number . Interestingly enough our next door neighbours have also indicated that the above neighbours have made reference to their land too which runs across the back of us and next door.The family in question who are trying to claim th...

...e land say it’s been in the family since the 70s but not registered (which doesn’t make sense to me). I’m just a bit concerned that they are due to start work in Jan and will crack on anyway as they are convinced it’s theirs !!!

I just hope it will flag up as soon as they try and register it . 

It's explained in the guide I gave the link for above. In my opinion that's the best way to go, as catastral data and an ordinary informe are informative only and not guaranteed to be accurate.

If you can get a Certificado de Inmueble then you've got legal proof of ownership.

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LeckyLes

Posted: Tue Dec 10, 2019 7:29pm

LeckyLes

Legendary helpful member

Posts: 2079

2231 helpful points

Location: Cabo Roig

Joined: 3 Aug 2018

Posted: Tue Dec 10, 2019 7:29pm

Runwilde wrote on Tue Dec 10, 2019 10:19am:

We bought our house in June and believe that a strip of land at the back of our garden which separates us from the neighbour belongs to us. 

The neighbours from above came to visit us and tell us that they have inherited the house from grandparents and will be doing some improvements -they believe that the land belongs to them ........This land is on our deeds and registered at the castastrol as ours plus Suma, therefore we pay tax on...

... it !!! They mentioned that they were going to register the land .... so my question is .... will this automatically flag up when they try to register it as theirs ??? We want to nip this in the bud and really do not want a fight with lawyers. 

Any suggestions welcome 

Runwilde, in the conversation did you not mention that the land was already registered to you ? 

LeckyLes 

Runwilde

Posted: Tue Dec 10, 2019 7:55pm

Runwilde

Original Poster

Posts: 34

6 helpful points

Location: Lliber

Joined: 22 Jun 2019

Posted: Tue Dec 10, 2019 7:55pm

Hi Leckyles

we actually showed them the map from when we purchased and then sent them info from castastral . We’ve heard nothing so far .... they are due back January sometime. We will be here for sure.... I’m just intrigued as to why they think it’s theirs 🤔. They probably played on that land as children and now think it’s always been theirs 😂. It’s all been very amicable so far ..... but .... who knows !!!! 

LeckyLes

Posted: Tue Dec 10, 2019 8:33pm

LeckyLes

Legendary helpful member

Posts: 2079

2231 helpful points

Location: Cabo Roig

Joined: 3 Aug 2018

Posted: Tue Dec 10, 2019 8:33pm

Thanks Runwilde, 

From that it does sound as if they are trying it on, in the hope you will back down .

Glad to hear you are up for the challenge .

Good luck and it will be interesting to find out how things go in January.

LeckyLes 

Runwilde

Posted: Tue Dec 10, 2019 8:41pm

Runwilde

Original Poster

Posts: 34

6 helpful points

Location: Lliber

Joined: 22 Jun 2019

Posted: Tue Dec 10, 2019 8:41pm

Thanks Leckyles 

I will keep you updated .... if I’m paying tax on it .... I want it !!!! 😂😂.

Runwilde 

Villas

Posted: Tue Dec 10, 2019 9:13pm

Villas

Legendary helpful member

Posts: 4335

3517 helpful points

Location: Sax

Joined: 29 May 2017

Posted: Tue Dec 10, 2019 9:13pm

Runwilde wrote on Tue Dec 10, 2019 8:41pm:

Thanks Leckyles 

I will keep you updated .... if I’m paying tax on it .... I want it !!!! 😂😂.

Runwilde 

Legal advice is the only way through a qualified abogado/a dealing & accustomed  with land registry etc (and has been mentioned above). 

V

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