Adding to Escritura

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AndaluzCampo
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Re: Adding to Escritura

Postby AndaluzCampo » Tue Dec 07, 2010 6:39 pm

Hi
The owner on our neighbouring hill has just confirmed that she managed to get all items - her house, un-licenced extension and swimming pool onto her Escritura.
We are in the campo, inland axarquia, and she has about 4,500 square meters of land.
The house is quite new, about 6 year old, but hadn't been properly registered.
She used the builder and estate agent when buying, but not a lawyer.
She has now used a gestoria to have the Escritura sorted out. He sent an architect to draw up plans to include everything, and there didn't seem to be any problems.
The gestoria charged about 4,500 euros for the work. I suppose this is the price she would have paid a lawyer at the outset, had she used one.
I don't know whether the gestoria has used the certificate of antiquity 'law'? based on the structures being built over 4+ years ago. (Though I had heard that this 'legal loophole' was being closed?)
Thanks for all your comments. But there doesn't seem to be any problems in this area with this.

julian
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Re: Adding to Escritura

Postby julian » Tue Dec 07, 2010 7:25 pm

looks as if she used the 4+ year law, which was stopped earlier this year, (or at least made much more difficult)

Beachcomber
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Re: Adding to Escritura

Postby Beachcomber » Wed Dec 08, 2010 9:45 am

The ultimate registration of the escritura depends entirely upon the property registrar. Most will not now register an escritura drawn up under this procedure but there are some that will but even they will not register it if the property is on protected land. You could spend out all this money and fall at the final hurdle and, remember, even if the procedure is completed successfully it does not make the property legal.

If the overall cost was €4.500 this would have included the architects fee, notary, tax and registration as well as a topographer if one was used.
Let's go Brandon!

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tjtops
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Re: Adding to Escritura

Postby tjtops » Thu Dec 09, 2010 11:36 pm

looks as if she used the 4+ year law, which was stopped earlier this year, (or at least made much more difficult)
Difficult how? Is it still possible then?
(I've heard it is now impossible without a building licence for any extra parts...is this true?) :wtf:
Life is as good as you make it, just keep my glass half full

Beachcomber
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Re: Adding to Escritura

Postby Beachcomber » Fri Dec 10, 2010 12:05 am

If there had been a building licence it would have been possible to register the property properly at the time. These so-called 'regularisations' or 'upgrading of the escritura' are being carried out by means of a certificate of antiquity which are still being accepted by a very small minority of property registrars.
Let's go Brandon!

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tjtops
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Re: Adding to Escritura

Postby tjtops » Fri Dec 10, 2010 12:09 am

Yes.....thank you....but I just wondered what Julian meant by 'at least made it more difficult' with regard to the Certificate of Antiquity......as if it WAS still possible??
Life is as good as you make it, just keep my glass half full

Beachcomber
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Re: Adding to Escritura

Postby Beachcomber » Fri Dec 10, 2010 12:45 am

It is still possible in certain areas of which Coín (currently) is one but the procedure is much more rigorous than before.
Let's go Brandon!


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