No Escritura

LoadingFavourite

This topic contains 12 replies, has 6 voices, and was last updated by Profile photo of Anonymous Anonymous 9 years, 5 months ago.

  • Author
    Posts
  • #53004
    Profile photo of Anonymous
    Anonymous
    Participant

    We are looking at Buying a Village House In Sayalonga Andalucia, a house we particularly like the look of does not have an Escitura and we would not be able to obtain a mortgage on it. we are told that it would take two years to obtain an Escitura, could anybody tell us what is entailed in this procedure, and what are the possible Pitfalls in going ahead and purchasing a property without an Escitura

  • #73398
    Profile photo of Melosine
    Melosine
    Participant

    You don’t say how old the house is but, even so ,personally wouldn’t touch it with a barge pole and would question your lawyer as to why the the vendors are selling it without one.
    Any missing documentation could mean house is illegal.
    You are using a Gestor or Independant Lawyer aren’t you ❓
    Do hope so because it is in the interest of the EA or vendor to tell you anything to make the sale….and they DO 8/10 times 👿

  • #73400
    Profile photo of Anonymous
    Anonymous
    Participant

    Thanks for your reply Melosine,
    The house in question is an old mid terrace village house we are only at enquiry stage at the moment and we would engage an independent lawyer if we decided to proceed.
    Not many houses in the village actually have Escrituras so it would rule
    out buying probably 70% of older properties surely they can’t all be illegal.
    Has anybody on the forum had any positive experience in purchasing older Spanish village type of properties with or without Escrituras and would you know what is involved in obtaining the Escritura, also what could be the possible down side to purchasing without one.
    Many thanks,
    Chris Williams

  • #73401
    Profile photo of Melosine
    Melosine
    Participant

    That was why I asked the age.
    In order for on forum lawyers to give the best advice you should probably state in which region it is and whether or not there is evidence of reform. Or perhaps you were thinking of going that route yourself.

  • #73403
    Profile photo of Anonymous
    Anonymous
    Participant

    Thanks again for your reply Melosine.
    The house Has been reformed and has a modern bathroom and Kitchen
    the reform would have been carried out several years ago, the house has been vacant for aprox three years and needs what appears to be mainly cosmetic work.
    The village of Sayalonga is east of Malaga in the Axarquia region of Andulacia, Lots of houses do not have an Escritura and are on the market so I was wondering if the property was worth pursuing as it meets most of the requirments we were looking for in a Village house, we have recently returned from a visit to Sayalonga and this property is on the Web Site of a small Estate Agent based in the Village.
    Still hoping for some further advice or imformation regarding buying prperties without full Escrituras.
    Thanks again, Chris Williams.

  • #73412
    Profile photo of Anonymous
    Anonymous
    Participant

    Hi,

    We have a very old, over 200 years stone house, in a very small village but we had an escitura….brought with very few problems..except catastral plan disagreeing with escitura, very common here!

    I think I’d join in the common view of not to buy it without one, as older village houses seem to pass through the family and can be owned by a whole group of relatives..something you can’t tell without the escitura. Is it registered with the land registry/catastral plan ? Have heard its common for older houses not to have either….

    Check it out with an independant lawyer but before signing a contract or paying a holding deposit of any type..unless you get a suitable clause put in freeing you in case of difficulty…

    Good luck,

    Heather

  • #73420
    Profile photo of Anonymous
    Anonymous
    Participant

    Thanks for your input Heather,
    I will check on whether it is registered with the land registry and see if there is a way I can ascertain who actually owns the house, I can understand now why you cannot get a Mortgage on a property that does not have an Escritura, as there could be possible disputes over ownership after it was sold.
    Your advice re not signing a contract or paying any deposit of any kind without a suitable clause being put in by an independent Lawyer is much appreciated and will be heeded.
    Its a shame really we really like the house in question and hope there is a way we can proceed, but we will have to be guided by our heads rather than our hearts, once again many thanks, and any further information on this topic by anybody would be appreciated
    Chris Williams.

  • #73434
    Profile photo of Anonymous
    Anonymous
    Participant

    If your Spanish is up to it, try asking the neighbours who owns it, where the boundaries are etc etc.. Our whole village knows everything there is to know about our house, before and after we brought it!! Maybe you will get some good news!!

    Heather

  • #73435
    Profile photo of mariadecastro
    mariadecastro
    Participant

    There must be many different circumnstances by which a house do not have a deed. It mey be not be properly registered for the first time in the Land Registry or can even be a non legalized or an illegal construction.

    Depending on what the root of the problem is, a different solution would be advised ( Registry procedures, Administrative Procedure…)

  • #73436
    Profile photo of Anonymous
    Anonymous
    Participant

    Thanks again Heather, and also Maria for your posts.
    I know that Estate Agents are generally regarded with great wariness on the Forum, but so far the Agent in question has not been pushy and has answered all my Questions openly, she informes me, and I quote,

    (When a property is Spanish owned and has been passed down through inheritance it is very rare that there will be any title deeds, what there may be is a private purchase contract and proof of legal ownership through the payment of rates to the townhall. Most of the local Spanish people do not see the point in spending money on producing a document to say that they own the property when they already have proof through these other means.
    The properties we sell without Escrituras are only sold on the basis that complete legal title can be proved and that the buyer can have an Escritura, which will be made at the time of completion. It can take longer to complete the purchase as there are several processes that your lawyer will have to do beforehand, involving for example proof of inheritance and witnesses. Normally this can take between 2 – 6 months where a re-sale of a property with all the paperwork in place can be as quick as 3 weeks. Do not let this put you off, the most important thing is that you have a good lawyer and he / she will make sure that ultimately, the property will be legally registered in your name.)

    I am planning to visit the Village again soon and view the property, prior to that I hope to get in touch with an English Speaking Spanish Lawyer, has anybody used or could recommend a good Lawyer who handles property conveyance around the Velez Malaga area.
    Thanks again, Chris Williams.

  • #73437
    Profile photo of Anonymous
    Anonymous
    Participant

    I recommend Paloma Conde without hesitation. She has a reputation amongst expats as being one of the few straight english speaking lawyers in the area and she is genuinely good at her job. Her office is on the Avenida de Andalucia in Torre del Mar opposite the BP petrol station in the Gestoria Cabello Gonzalez (or something like that).

  • #73443
    Profile photo of Anonymous
    Anonymous
    Participant

    Thanks for your reply Jasmine.
    Torre Del Mar is very convenient for us, I will try and find out her phone number, if I can’t I should be able to find her office from the directions you have given me.
    Thanks again,
    Chris Williams.

  • #73444
    Profile photo of Anonymous
    Anonymous
    Participant

    Hi Chris

    @Chris Williams wrote:

    Thanks again Heather, and also Maria for your posts.

    I am planning to visit the Village again soon and view the property, prior to that I hope to get in touch with an English Speaking Spanish Lawyer, has anybody used or could recommend a good Lawyer who handles property conveyance around the Velez Malaga area.
    Thanks again, Chris Williams.

    We purchased a cortijo just outside of Sayalonga earlier this year. The estate agent we purchased through were excellent, service way above and beyond the call of duty. I would recommend them without hesitation. For solicitors we used Del Prados in Nerja, although they do have other offices in the area. They appear to have done/be doing the job to an acceptable standard and they speak English.

You must be logged in to reply to this topic.