When the deed description doesn’t match exactly with the real built size, we may have a problem. There are often discrepancies between the real meters of a property or plot and those which are registered in the Land Registry of Cadastre Office. This can be due to extensions being added to a property, or in the case of land, to the segregation of a plot from a larger plot, without reporting these changes to the correct authorities, (i.e. the Land Registry and the Cadastre office).
These discrepancies can cause problems when applying for a mortgage as Banks will not finance a property that is not correctly registered. In order to rectify the situation a new deed must be made declaring the new construction or segregation and specifying the actual size. This would require a Certificate detailing the actual meters to be issued by a qualified Architect which should then be duly registered in the Land Registry.
In reality the measurements in the Land Registry and the Cadastre Office rarely match, because the measurements in the Registry are from measurements taken by an Architect and the surface areas in the Cadastre Office are taken from aerial photographs.
If you have any problems regarding the discrepancies between real measurements and those documented in either the Land Registry or the Cadastre Office you would need expert legal advice on the best way to rectify the situation. In most cases it can only be done by submitting documentation relating to the property, such as the Deed of Sale, the Deed of New Construction, plans, drawings, photographs, certificates etc. to the Cadastre Office so that their technical staff can proceed to update the specifications and modify the documented areas.
There are also many cases where the property or plot is not registered under the name of the actual owner in the Land Registry or the Cadastre Office. In these cases it is not simply a matter of rectifying the measurements, but a matter of registering the property or plot for the first time. If this necessary, in addition to submitting documentation to prove the physical reality of the plot or property you would also need to provide at least the last 4 years of IBI (Local Property Taxes) receipts.
To avoid all of these problems, we always recommend that before buying a plot or a property you should check the Land Registry and Cadastre office to ensure that the details are correctly documented. This process would require the assistance of a qualified expert who can make all of the necessary enquiries to confirm that everything is in order.
Our company Malaga Solicitors Group has over 25 years experience, helping hundreds of clients to purchase properties and plots both on the coast and inland, so please don’t hesitate to contact us for our advice on this or any other legal issue. Go ahead and make a free no-obligation appointment now! Email:- mail@malagasolicitors.com or ring 952 901 225.
Eduardo Pérez Mazuecos
Senior Partner of Nerja Office
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