Sunday, December 7, 2008

First steps when buying Andalucia property in Spain

By Ian Murphy

You should have a word with a Spanish lawyer prior to taking a look at property available in Andalucia Spain. Prepare a few questions before the call .Most lawyers will be happy to talk to you because there is the promise of a transaction for them at the end of the day.

The legal process involves checking at the Catastro Registry which shows the property owners name. The UK equivalent of this is the Land Register. Proof of registration is of course, essential. It ensures not only that the property is registered but also that is has it been carried out correctly.

1.Do you know who owns the property concerned? Properties in Andalucia and in Spain generally, may owned by more than one person from the family.This will occur when the house or dwellings is passed form one generation to the next. So when you are seeking to buy, permission is needed from all with a stake in it.

2. Outstanding charges. You will often find that there are charges attached to a property in Andalucia.Theses are referred to as a notice of attachment known as "Hipoteca o anotacion de embargo. To make sure there sis no risk for you when you take ownership, your legal representative needs to make sure there are no outstanding obligations. Very often charges can be associated with the property and not with the existing owner, which you would be taking on board.

This initial process requires you also check the "servidumbre", rights in favour of a third party, for example a neighbour. The rights may conflict with what you think are your rights to your property.

Here are three ways property is categorised. 1. Suelo no urbanizable o suelo rstico This Land is not for development and no building is allowed at all. 2. Suelo urbanizable In this classification, buildings are not allowed. Property or land owners have certain development duties. 3. Suelo urbano (urban land) Here, building is allowed and must be in accordance with the local General Plan (Plan General De Ordenacion Urbana). What that allows is for buildings to be built in the general area of the property. Only properties built on urban land should be purchased but you must check that building activity is or was carried out following the Plan General De Ordenacion Urbana rules and regulations.

These suggestions are not legal advice and you should talk to a good lawyer who will follow these steps to the letter and safeguard your interests. But they should give you some food for thought as you browse available Andalucia properties. - 16492

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