Seperating Deeds

This topic contains 6 replies, has 4 voices, and was last updated by  Anonymous 13 years, 10 months ago.

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  • #51221


    2 properties, 1 has deeds, 1 is in development on the same bit of land
    in costa calida – murcia.

    how easy is it to draw up separate deeds for second property.

    2 english familys taken project onboard

  • #58721


    If both properties are on the same piece of land the first thing you would need to do is obtain a licence splitting the land in two parcels “licencia de segregacion”. This is obtained from the town hall and the technical department there will tell you what documents are required. There is a fee payable for this normally based on the area of land being segregated. Once you have this you need to take it to the Land Registry to have it registered. With this done you can treat the registering of the 2nd property as any new development, i.e. once completed just obtain the various documents required by the town hall and Land Registry, either directly or with the help of the builder and architect, and present them at the appropriate time.

    To obtain the segregation licence you probably will need the help of a surveyor, Topografo, or architect assistant, aparejador.

    Best Regards

    Terry English

  • #58728


    I can’t add much to Terry’s comments other than you will also need to have the separation formalised in two separate deeds before Notary (before inscribing in the property register), with of course has a cost.


  • #58730


    This is on the assumption that the land can be divided. Some inland areas of Murcia require a minimum of 5,000 sqm to build one dwelling other areas require much much more. Suppose this is to keep the big developers out of certain areas. Hope so.
    Our parcela is only a mere 200 sqm under 10,000 sqm and the Spanish vendor was NOT allowed to obtain 2 escrituras even though we legally only require 5000 to build. We had to buy it all.
    However have been *told* that after 4/5 years of our build and having enclosed our portion of land should we *still* have minimum build requirement 5000 of left over then we might get another escitura. Not holding our breathe though.

  • #58731


    thankyou for your replys

  • #58736


    lots of properties out here are built illegally, ie without planning permission.

    The town councils then fine the owners for having built without licence.
    upon payment of these fines is the house automatically legal or is there some other process that has to be followed.

    thanks in advance

  • #58737


    Paying a fine won’t make an illegal property legal. The solution is to apply for official approval, like you can do here in the U.K.
    Whether approval will be granted depends on the individul case.

    Good Luck


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