# Property purchase - should we walk away?



## dsbp1962 (May 17, 2018)

Have the opportunity to purchase a rural property in Malaga province - it ticks a lot of our boxes HOWEVER....... it is built on a huge parcel of land that has never been legally divided. There is doubt as to whether all the built area is legal. The current owner bought it 10+ years ago and has had no problems, pays IBI, has mains electricity etc etc. It was constructed at least 20 years ago. The plot is fenced. The seller's solicitor has said the following:
1) It will never be called on to be demolished
2) As it pays rates, electricity etc these will not be removed
3) The extensions that may not be on the original plan cannot be retrospectively added. The current owner purchased the property with no problems
4) The boundary is fenced and clearly deliniated and there are no problems with neighbours (!)
5) The property is classed as 'regularised' - whatever that means....

So, if we get it at a knock down price and treat it as something that we may not be able to sell but as something we can live in for, say 20 years, treating the cost almost like the purchase of a short-leasehold - should we? What would you do?

Many thanks for your opinions
Deb


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## danboy20 (Jul 10, 2017)

dsbp1962 said:


> Have the opportunity to purchase a rural property in Malaga province - it ticks a lot of our boxes HOWEVER....... it is built on a huge parcel of land that has never been legally divided. There is doubt as to whether all the built area is legal. The current owner bought it 10+ years ago and has had no problems, pays IBI, has mains electricity etc etc. It was constructed at least 20 years ago. The plot is fenced. The seller's solicitor has said the following:
> 1) It will never be called on to be demolished
> 2) As it pays rates, electricity etc these will not be removed
> 3) The extensions that may not be on the original plan cannot be retrospectively added. The current owner purchased the property with no problems
> ...



1- Obviously get YOUR OWN SOLICITOR to form an opinion.

2- Depends how cheap you can get it.


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## Megsmum (Sep 9, 2012)

dsbp1962 said:


> Have the opportunity to purchase a rural property in Malaga province - it ticks a lot of our boxes HOWEVER....... it is built on a huge parcel of land that has never been legally divided. There is doubt as to whether all the built area is legal. The current owner bought it 10+ years ago and has had no problems, pays IBI, has mains electricity etc etc. It was constructed at least 20 years ago. The plot is fenced. The seller's solicitor has said the following:
> 1) It will never be called on to be demolished
> 2) As it pays rates, electricity etc these will not be removed
> 3) The extensions that may not be on the original plan cannot be retrospectively added. The current owner purchased the property with no problems
> ...



Just a point

If a sellers solicitor told you this in the U.K would you proceed, in fact would you buy in the UK without an independent solicitor. 

You need professional independent advice


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## Don Jose (May 17, 2018)

Not without having your own Spanish Solicitor clearing it.


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## fhanrah (Feb 16, 2017)

dsbp1962 said:


> Have the opportunity to purchase a rural property in Malaga province - it ticks a lot of our boxes HOWEVER.......* it is built on a huge parcel of land that has never been legally divided. There is doubt as to whether all the built area is legal. * The current owner bought it 10+ years ago and has had no problems, pays IBI, has mains electricity etc etc. It was constructed at least 20 years ago. The plot is fenced. The seller's solicitor has said the following:
> 1) It will never be called on to be demolished
> 2) As it pays rates, electricity etc these will not be removed
> 3) The extensions that may not be on the original plan cannot be retrospectively added. The current owner purchased the property with no problems
> ...


When you say it's got issues about legality should be giving you warring signs. If its not legal why in the 20 years hasn't it been made legal. What lawyer would give you 100% guarantees that this won't end up in the courts down the line. Just seems to much of a risk that could end in tears. But as everyone has said you need independent legal advise and remember put all question in wrighting and get all replies in wrighting


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## Isobella (Oct 16, 2014)

fhanrah said:


> When you say it's got issues about legality should be giving you warring signs. If its not legal why in the 20 years hasn't it been made legal. What lawyer would give you 100% guarantees that this won't end up in the courts down the line. Just seems to much of a risk that could end in tears. But as everyone has said you need independent legal advise and remember put all question in wrighting and get all replies in wrighting


I would walk away but if not get an Abogado from out of the area.


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## The Skipper (Nov 26, 2014)

dsbp1962 said:


> Have the opportunity to purchase a rural property in Malaga province - it ticks a lot of our boxes HOWEVER....... it is built on a huge parcel of land that has never been legally divided. There is doubt as to whether all the built area is legal. The current owner bought it 10+ years ago and has had no problems, pays IBI, has mains electricity etc etc. It was constructed at least 20 years ago. The plot is fenced. The seller's solicitor has said the following:
> 1) It will never be called on to be demolished
> 2) As it pays rates, electricity etc these will not be removed
> 3) The extensions that may not be on the original plan cannot be retrospectively added. The current owner purchased the property with no problems
> ...


This is a very common situation in Spain but, as others have said, you would be crazy to proceed without your own independent lawyer´s advice. If what the vendor´s lawyer has said is all true -- and it sounds plausible to me -- you shouldn´t have a problem. But I certainly would not proceed without independent legal advice. I have, by the way, just "regularised" my own rural property which cost me €1,500 in back tax!


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## Overandout (Nov 10, 2012)

Its a difficult question to throw out to a forum!

I assume that you also have employed a lawyer and they have looked at the obvious things like Registro de la Propriedad, Catastro etc. 

If all that looks OK (i.e. that the location, size and shape of your land looks right and the details of the building are there or thereabouts) I might be tempted to take a risk if it is very, very cheap.

A long shot, but are the vendor's lawyers prepared to put their money where their mouth is with respect to the assurances you mention?

Will they guarantee in writing that the place will not be demolished, you will not suffer any boundary disputes and you will not be disconnected from any mains services for a period of say 25 years?

Personally I would be suspicious of a lawyer who says that everything is fine, no problem... 

I would at least get them to guarantee in writing that they will represent you free of charge until a satisfactory outcome is secured in the event of any legal dispute arising from the purchase.

If they won't give you that guarantee, I would walk away.


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## booksurfer (Apr 21, 2018)

dsbp1962 said:


> There is doubt as to whether all the built area is legal.


Does this not ring warning bells for you?

You need to do some serious research of your own and find out what the worst case scenario might be if the local authority decided to look at this property. If you're serious, employ your own solicitor to investigate.

You might have heard the old management adage: you can only make decisions based on the accuracy and veracity of the information you have to make them with. You need more information to make a decision.

I would take points 1-5 with a pinch of salt. The sellers solicitor is working on behalf of the seller, not you, they're not going to reveal anything negative to you. Is that legal? Maybe, maybe not, but you need to appreciate, the Spanish legal and administrative system is not only different, it's far laxer and inefficient compared to the UK's and legal matters can get held up in the bureaucratic system for years on end.

Personally, I'd walk away, but then I'm risk adverse. You need to weight up the pro's and cons of the risk assessment and go from there.


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## sebastianredondo (May 17, 2018)

Maybe your lawyer is right with not receiving a penalty for the issue of the land not classified as habitable (but you never know), but surely you will have problems with the city hall about urban planning improvements. What happens with public lighting? the collection of garbage? Is there a bus service in the area?


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## dsbp1962 (May 17, 2018)

*Thanks*

Thanks for your comments. Have decided to walk away - not worth the hassle...
Deb


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