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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche. www.costaluzlawyers.es

Legal tip 330. Farm houses- a business and a home III
10 August 2010 @ 14:54

 

You finally found that special plot with house in rural land in Ronda where you plan to build the rural little hotel. You are dreaming of the amenities you will set for the guests: horse riding, hikking, climbing, cannoing.... all under the Andalusian sun.

 

You set an appointment with the local owner to take a look to the farm house and land,  see each other in a picturesque "venta" in the outers of Ronda, have a quick "carajillo" (coffee with brandy) and make your route to the "land of promises":

- Beautiful! but... how big? you ask while you see the eyes of the owner turning left and right and his mouth starts telling you... well..... in the catastro.... but .....in the Land registry..... but .....in the private contract.......( which was made on an old napkin of that same old venta you had your carajillo half an hour ago: fully valid under legal terms). What a mess oh dear!

Yes, it is a kind of funny puzzle which better needs a legal expert to be quickly assembled.

Let´s see about borders today as it seems.... they are not too clear :(

The action of demarcation is described in Articles 384-387 of the Civil Code. It is an easy, rapid and economical procedure whose purpose is to invite the owners of neighboring properties to submit the relevant titles for an agreement on borders.

Of course you can always reach an agreement out of court, through the parties' lawyers, who then can notarize it and record it accordiongly in the Land Registry.
If no agreement is reached by the parties, you can have the Judge deciding on this through the mentioned quick procedure.

How can you prove ownership on an area under dispute?

Of course by corresponding legal ownership titles, if they are clear. If the legal titles show no clear division, this can be obtained by the result of possession. Possession is showed through any signs of the land being used by any of the owners ( materials placing, fencing, planting, pictures, painting, writings...).

Expert surveyors can also issue a report on the demarcation of lands.

Other documents that show evidence: Notary deeds, Catastro certificartions, Planning department certificatons...

More on your farm tomorrow,

Maria

 Window. Country house in Benalauría, Málaga by Roberto Pecino at Flickr.com

 



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