When buying your dream country property in Spain, you just have to be practical and do not take information at face value.

So you have found that perfect property, you are going to live “The Good Life”, with chickens, horses and possibly some goats and don’t forget the dogs and cats.

The property described to you has 20,000m2 of land, a lovely 2 bedroom Finca and the most amazing views. You have been to see it and you are in love with it and are ready to put in that offer.

Now what do you need to check to ensure your dream does not become a nightmare?

  • Searches on ownership and permissions of planning
  • Boundaries have to be clearly pegged out
  • Services and supplies must be available
  • No proceedings in place to reinstate the planning legal order
  • If the construction is illegal, to what level can it be legalised?
  • Is there any structural guarantee for the building?
  • No existence in place for rights of way over the land
  • Can you build legally on the land?
  • What minimum surface area is considered a farming unit?
  • Have any of your neighbours on your boundary currently have a perception of rights to the land?

Example

In a recent case a couple bought a finca with land, and in the buying process they relied on only the information were given.

Once they had bought the land they found out that there were boundary disputes with the neighbours, and in fact what was on paper was not what they actually had.

They came to us to find out what they could do, because as far as they were concerned the land belonged to them.

This is where country law can become vague; if someone has occupied the land for a number of years they may be arguing rights to the land.

This is why it is essential to use a lawyer like ourselves, who have expertise in Country Law; we can clear up issues that may be lurking in the background to ensure you have a safe investment in the sun.

Please note the information provided in this article is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution.

Rafael Berdaguer
Lawyer within the firm
Rafael Berdaguer Abogados based in Marbella, Spain.
www.berdaguerabogados.com
Copyright © 2017  Rafael Berdaguer Abogados All Rights Reserved