# Would You Get A Mortgage On A Property With Servidumbre Access?



## StevejR1 (May 21, 2013)

Well the legal roundabout carries on with the house we have an offer on, and we have been giving serious thoughts to the implications of the situation.

We are in the process of changing aborgados,to try and get some clarity, but one thing that will not change is the access to the property via a Servidumbre (legal access) track across the neighbouring farmer's land.
What we are wondering, or worrying about for the future, is, is it possible...assuming all the other certificates/licences are in order...to get a mortgage from a Spanish bank if the property has access via a Servidumbre?

Apart from a few other things that are still unresolved, we are apprehensive that buying a property that can't be bought by anyone else needing a mortgage, will seriously limit the appeal of the house. We don't want to sell in the foreseeable future, but looking for cash buyers if values rise in the future years might become a major problem. So does anyone know if this would be an issue with applying for a mortgage at the moment (..I realise things might change either way).

Also, it is generally accepted that if you can get a mortgage on a property it must be fully legal, as the banks do very thorough checks. I was wondering how long it takes to arrange a mortgage on a property? We are thinking of applying for the minimum amount available for a mortgage, over the shortest period, on this property, or any subsequent one, just to prove legality.

Any views?

Many thanks.


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## Pesky Wesky (May 10, 2009)

StevejR1 said:


> Well the legal roundabout carries on with the house we have an offer on, and we have been giving serious thoughts to the implications of the situation.
> 
> We are in the process of changing aborgados,to try and get some clarity, but one thing that will not change is the access to the property via a Servidumbre (legal access) track across the neighbouring farmer's land.
> What we are wondering, or worrying about for the future, is, is it possible...assuming all the other certificates/licences are in order...to get a mortgage from a Spanish bank if the property has access via a Servidumbre?
> ...


People on here can give their opinions, but personally I think the only way you're going to get the answers to your questions is by going to banks and asking them.


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## Pazcat (Mar 24, 2010)

Banks aren't all that keen to give a mortgage on a rustic land property, they wouldn't give one to us anyway so i have no idea what the access may do to it.
Things may change in the future maybe.


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## snikpoh (Nov 19, 2007)

StevejR1 said:


> Also, it is generally accepted that if you can get a mortgage on a property it must be fully legal, as the banks do very thorough checks. I was wondering how long it takes to arrange a mortgage on a property? We are thinking of applying for the minimum amount available for a mortgage, over the shortest period, on this property, or any subsequent one, just to prove legality.
> 
> Any views?
> 
> Many thanks.


It's been well documented in the press that Banks do NOT do thorough checks and still lend on illegal properties. 

So, beware, this is not a guarantee that a property is legal.


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## StevejR1 (May 21, 2013)

snikpoh said:


> It's been well documented in the press that Banks do NOT do thorough checks and still lend on illegal properties.
> 
> So, beware, this is not a guarantee that a property is legal.


Really, perhaps things have moved on, but I thought the banks did rigorous checks as they were so apprehensive to lend money generally that they made sure the ones they did lend on had no issues whatsoever?


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## StevejR1 (May 21, 2013)

Pesky Wesky said:


> People on here can give their opinions, but personally I think the only way you're going to get the answers to your questions is by going to banks and asking them.


We are going to down that route into looking into it I think. I was also wondering if anyone knew how long, roughly, an application took, from start to finish? I'm thinking quite a long period?


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## Pazcat (Mar 24, 2010)

It needn't be all that long, if they initially approve you for a mortgage then you need to present them with the property. 
Our bank asks for the nota simple so they can do some basic checks with that and then the cadastral, after lets say at it's worst 2 weeks(often closer to 1) they will have valued the property within their system and then can give you the exact terms they are prepared to pay and then file it for approval if you agree which can be another week or two.
After that if all is well then they ask for a weeks notice before signing at the notary.

If everything is in order then it shouldn't take longer than a month.

However, if there is some issue with paperwork that is lacking or things don't match on the nota simple/cadastral then they might insist on doing their own valuation which can add another 2-3 weeks whilst they faff around with that.
If things are not in place they simply wont give a mortgage on the property, if it's got an F'dO or doesn't match their valuation. They don't even want to look at a rustic property.

So it really is a case by case basis and it is dependent on the bank as well, I can only speak for one bank and the other few we spoke too and ruled out.
All you can do is sit down with a few banks in the area and see what they say because I have no doubt that each bank will do things differently.

Right now we have the bank waiting, they are ready to go as are we but the sellers have to get their affairs in order first and that is still the longest part.


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## StevejR1 (May 21, 2013)

Pazcat said:


> It needn't be all that long, if they initially approve you for a mortgage then you need to present them with the property.
> Our bank asks for the nota simple so they can do some basic checks with that and then the cadastral, after lets say at it's worst 2 weeks(often closer to 1) they will have valued the property within their system and then can give you the exact terms they are prepared to pay and then file it for approval if you agree which can be another week or two.
> After that if all is well then they ask for a weeks notice before signing at the notary.
> 
> ...


Thank you for that Pazcat, that was very helpful 

I think from what you're saying the property will be un-mortgageable. It is a rustic property, I 'think' it has an FdO on it at present (..I'm led to believe it has, but trying to get to the bottom of it as the aborgado has not been very clear at all). So I'm assuming the Servidumbre would not be the main issue.

At the moment we are waiting on the seller to obtain the necessary paperwork...or what he deems is needed, maybe the new aborgado may disagree?...that has taken nearly 8 weeks so far!!! Why that wasn't done prior to the offer I don't know?!?!...well I do, spending out the money!!!!
I am waiting for the reaction to changing aborgados...as in 'it will cause a delay!', because that may be the last straw, as we've been very patient waiting, and it'll take as long as it takes for me to be sure, I'm not going to be pressurised.

Many thanks for the information anyway, I will make some enquiries


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## baldilocks (Mar 7, 2010)

StevejR1 said:


> Well the legal roundabout carries on with the house we have an offer on, and we have been giving serious thoughts to the implications of the situation.
> 
> We are in the process of changing aborgados,to try and get some clarity, but one thing that will not change is the access to the property via a Servidumbre (legal access) track across the neighbouring farmer's land.
> What we are wondering, or worrying about for the future, is, is it possible...assuming all the other certificates/licences are in order...to get a mortgage from a Spanish bank if the property has access via a Servidumbre?
> ...


You really do try to find the most awkward properties. If you don't have your own access from a public road, you have the potential for problems. There are people we know not far from here who are in a similar situation - they, too, do not have their own access and have been in the position where they could not get to their place because the person, whose land they have to cross, blocked their access. I couldn't swear to it but, tied in with other things, it sounded as though it was an attempt to drive them out so that they gave away the property for peanuts and the bar steward could get the extra land and combine it with his own.

There are currently injunctions in force but it is still very tense, in that they dare not both be away from their property. There have also been cases, where boundaries are marked only in relation to particular stones and the stones move mysteriously of 'their own accord.'


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## gus-lopez (Jan 4, 2010)

StevejR1 said:


> Really, perhaps things have moved on, but I thought the banks did rigorous checks as they were so apprehensive to lend money generally that they made sure the ones they did lend on had no issues whatsoever?


No, they'll even sell you a totally illegal repo off their own books. & give you a mortgage on it.


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## Pazcat (Mar 24, 2010)

StevejR1 said:


> Thank you for that Pazcat, that was very helpful
> 
> I think from what you're saying the property will be un-mortgageable. It is a rustic property, I 'think' it has an FdO on it at present (..I'm led to believe it has, but trying to get to the bottom of it as the aborgado has not been very clear at all). So I'm assuming the Servidumbre would not be the main issue.
> 
> ...


Well I can't say for sure if it's possible or not, banks in that area may be used to dealing with it more and have a different way of doing things. And just because there may be issues it isn't always the death knell, our bank for example will demand that the issues are fixed first but then again any buyer should demand they are fixed anyway.

I really hope your new lawyer will work out better or at least can be more clear for you. Hopefully he will disagree because it is entirely up to you or your representation and not for seller to deem what paperwork is necessary.

Our lawyer demands everything thing to be not only presented but then fixed because they present you with mismatching paperwork and so on.
Your lawyer will also be able to tell you exactly what the problems are and exactly how they can be fixed if they can at all, they will contact the town hall and and find out exactly.
Or at least that is what they should do, why you are not being told any of this is worrying so I think changing is a good idea.


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## xabiaxica (Jun 23, 2009)

snikpoh said:


> It's been well documented in the press that Banks do NOT do thorough checks and still lend on illegal properties.
> 
> So, beware, this is not a guarantee that a property is legal.


precisely

a friend of my late husband had bought a property with a small mortgage (maybe 15%) from the bank, & a couple of years later wanted to increase the mortgage & release some capital - the same bank refused because the property was illegal.....


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## Rabbitcat (Aug 31, 2014)

With anything up to 2.5 million homes for sale- why even consider problem ones


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## Pazcat (Mar 24, 2010)

Because 2.45 million of them are illegal.


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## Lynn R (Feb 21, 2014)

Rabbitcat said:


> With anything up to 2.5 million homes for sale- why even consider problem ones


Well, I agree that considering a problem one isn't the best idea - but you do have to realise that a very high proportion of those 2.5 million properties will be flats in large cities, then you have all those built but never occupied properties in the "ghost urbanisations" constructed before La Crisis struck, ...


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## StevejR1 (May 21, 2013)

baldilocks said:


> You really do try to find the most awkward properties. If you don't have your own access from a public road, you have the potential for problems. There are people we know not far from here who are in a similar situation - they, too, do not have their own access and have been in the position where they could not get to their place because the person, whose land they have to cross, blocked their access. I couldn't swear to it but, tied in with other things, it sounded as though it was an attempt to drive them out so that they gave away the property for peanuts and the bar steward could get the extra land and combine it with his own.
> 
> There are currently injunctions in force but it is still very tense, in that they dare not both be away from their property. There have also been cases, where boundaries are marked only in relation to particular stones and the stones move mysteriously of 'their own accord.'


Not a great story...

I have stated that the Servidumbre would have to plot the track on a plan, and that it must be kept clear for vehicle access. It'd be a watertight legal document otherwise I wouldn't sign!....but I guess that doesn't stop a breach of contract happening like you describe.

Regarding the land, I've enquired about getting a topography done to outline the plot...if we get that far!....are they worth it?


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## StevejR1 (May 21, 2013)

I know it is easy to see my predicament and wonder why I pursue it?!?...and at this stage we have realised this one may not work out for us...

..but I agree with Pazcat. The more I look into actually buying property in Spain, the more I realise that most properties seem to have issues. And I've realised I'm in a very sharp learning curve that may very well mean a few dead ends before we are actually able to buy.....which is not only frustrating, it's also bordering on ridiculous. I look at other properties now and search for ones we like...then wonder if we can actually buy them!!! So like Pazcat says, 2.5million properties, but how many are actually purchasable without issues?!?!?! I'm hoping that uncertainty won't dash our dreams of living in Spain, and make us consider somewhere else.....


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## Rabbitcat (Aug 31, 2014)

Pazcat said:


> Because 2.45 million of them are illegal.


I doubt that


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## StevejR1 (May 21, 2013)

Pazcat said:


> I really hope your new lawyer will work out better or at least can be more clear for you. Hopefully he will disagree because it is entirely up to you or your representation and not for seller to deem what paperwork is necessary.
> 
> Our lawyer demands everything thing to be not only presented but then fixed because they present you with mismatching paperwork and so on.
> Your lawyer will also be able to tell you exactly what the problems are and exactly how they can be fixed if they can at all, they will contact the town hall and and find out exactly.
> Or at least that is what they should do, why you are not being told any of this is worrying so I think changing is a good idea.


I hope so too. The main reason we are changing aborgado is that although I have bombarded him with questions and requests, he has not guided us through this process at all, nor gone out of his way to explain anything. He seems far too relaxed and tolerant, but I want professional and diligent.

I'm not feeling he is working for us, but working for the sale to be honest.


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## StevejR1 (May 21, 2013)

Rabbitcat said:


> I doubt that


Probably not illegal, but most have issues from what I'm starting to believe. That's where the FdO comes into play....the properties are neither legal, nor illegal, but 'accepted', so a grey area in the middle. And with a lot of rural properties seemingly FdO, that would realistically rule all of them out. And I'm led to believe urban properties can have issues too.

That's where I think very good legal representation is very important....but even trying to find one of them isn't easy!


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## StevejR1 (May 21, 2013)

xabiachica said:


> precisely
> 
> a friend of my late husband had bought a property with a small mortgage (maybe 15%) from the bank, & a couple of years later wanted to increase the mortgage & release some capital - the same bank refused because the property was illegal.....


Can I ask how they deemed it to be illegal?


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## StevejR1 (May 21, 2013)

Just as an update....we've just emailed the agent of the other property we were interested in...it is an urban property...and that has an FdO on it too!!!.......

....seems the odds are stacked against us.


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## Pazcat (Mar 24, 2010)

Had we found a house without issues I dare say we'd be in it by now.
That said tell the agent the FdO needs to be fixed first, they can be fixed so ask them what exactly caused it?


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## StevejR1 (May 21, 2013)

Pazcat said:


> Had we found a house without issues I dare say we'd be in it by now.
> That said tell the agent the FdO needs to be fixed first, they can be fixed so ask them what exactly caused it?


Hi Pazcat,

How can a FdO be fixed? I thought, or rather assumed, that once that was attached to a house that was pretty much stuck forever?

The property is urban, but it is very old, and quite historic..so old and historic we did enquire if it was the Spanish equivalent of a listed building..we were assured it wasn't, but that it could not be changed in appearance on the visible exterior, but the interior was fine....maybe that was their subtle attempt to describe it was FdO!

I think it has also been segregated from one large plot with two buildings, to two plots with a dwelling on each plot. I'm assured this has all been legally done, but I'm not sure if this could also be the reason for the FdO.....I guess a few more questions after Easter is in order.


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## a1004 (Apr 16, 2015)

I think a lot of expats do the same mistake of falling in love for a legally complicated property. In Andalucia we have literally thousands of them for sale and the owners have almost no real customers willing to buy.
You will never need to buy a legally unclear property, no matter how much you like it. Please keep looking as the number of alternative options is almost endless.


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