Correcting size of land.

[MelosineParticipant]

On the escritura our parcela is listed as 8750 sq.m.
Although we have not had it officially measured yet we know it is just over the 10,000 sq.m.
Now my question is ..
1; If we have a surveyor properly measure the land and the findings agree, knowing that we require only 5000 m.sq to build, what chance have we that the local townhall will accept a change and allow us to divide the plot issuing another escritura ?
2; Should the above happen would we be asked to make up the difference in IBI for previous years?

Cheers

[AnonymousParticipant]

In your escritura the boundaries should be defined and therefore your surveyor can use these to confirm the real area.

The Land Registry should accept a correction to the area in an Escritura but you may have to check exactly what back up, other than the surveyor’s report, it may need to register the new area. You should also make sure the surveyor is a member of the relevant “Colegio”.

With regard to the Ayuntamiento, obviously no one can predict what they may do but since your neighbours will presumably have been paying taxes for the additional land which may be yours then the Ayuntamiento should be OK. It could be that your neighbours try to get a rebate on overpaid taxes but how likely that is I’ve no idea. You should also check with the Ayuntamiento what documentation they would need to register with the catastral office any new area but once this is all done and you have a certificate from the Land Registry showing an area of 10.000m2 or more then you are perfectly entitled to aplly for a segregation licence from the Ayuntamiento thereby splitting the land into 2 individual plots.

The catastral office would presumably reassess your plots for future taxes.

Hope this helps

Terr English

[MelosineParticipant]

Thank you for replying.
We are living in an agricultural area and 3 of boundries enclosing our land are well defined tracks with concrete markers . The fourth being a tarmaced road.
So no arguments from anyone for *pinching an inch*.

Thankfully we are working with an excellant professional team so getting it properly measured won’t be a problem.
Just wondered if anyone had been down a similar route .

Have been told that for some reason,unlike the Brits, the Spanish won’t spend the money having things like this done.
Cheers

[Author]

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