Not on property registry - safe to buy or not?

The passage quoted seems to be a translation. "Gestión" is translated as "management" but in this context could also mean paperwork or procedure. So what they're saying is that the documentation required to process the property's registration can be obtained.

I would reckon a lawyer's advice is definitely in order to ensure this really can be done before going any further.

Thanks for more clarification

Definately a Lawyer, but more importantly a Surveyor. What

is the water supply? A Well or Town Water?  What is the sewerage, Septic Tanks or Town Sewerage?  If it has only Well Water dont buy! If it only has septic tanks don't buy... a Surveyor will explain!  The correct paper work is essential and the house must be registered at the Land Registry. All additional extensions included in the Architect Certificate. No Architect Certificate? DONT buy!

    Hi there
I have found a house I like but it states that it's not on the property registry.

"Both the property and the land are preserved and with regular maintenance, it is not registered in the property registry, but the necessary documentation is available to carry out the management."


I'm not really sure what it means about management though.

Would this be safe to buy?
   

    -@H Williams

Where did you find this property?

@H Williams

The short answer is: it might be safe (ish) to buy. Or it might not be. :-)

I don't know Spain's specific rules, but many of the Hispanic / Ibero-American countries based on Colonial (Spanish or Portuguese) Law have some form of Derecho Possessorio (rights of possession, like "squatters' rights").

This is land (or a property/land) that is occupied by a person or family for some years, even generations. Typically, there is an administrative process whereby the "owners" can make a claim for formal ownership (based on evidence that they've had usage/maintenance of the property for x years), and hence get a formal property title in the land registry. Or (e.g. they're very poor) they might never do this. Sometimes, in some countries, these  'owners' pay property tax on the house they built, even though the land/house are unregistered (and this is one of the strongest forms of evidence of claim).

It CAN be legit, and it CAN be done. But, at the minimum, it requires time and money... there's always some risk that the claim won't be accepted, or there are competing claims (other family members, others on the land) that come to light. And there's more scope for fraud/misrepresentation. In other words, there is some risk (even, in some cases, very little risk) of total loss of your investment.

If you really love the property, and it's an amazing bargain, and you can see that there's a genuine story behind their situation... then you might consider spending a bit of money to get an assessment from a real estate attorney. If they say the claim/proof is perfect, and registration is a slam dunk, then you might consider going ahead.

But, as others suggest, it's probably wiser to stick with normal properties that are already in the Catastro / Registro de la Propiedad, rather than starting some wild off-register adventure. :-)

@SimCityAT

It was this one: https://www.idealista.com/en/inmueble/105875681/

@H Williams

That's a big house on a big piece of land, and it's been there for a long time (built in 1940). And it's connected to municipal water (and sewerage, I think). I'd guess they've been paying property taxes on it.

My suggestion you simply call/email the agent and ask them about the property, especially the unregistered aspect... and "necessary documentation that is available". Personally, I'd ask why it hasn't been registered in the last 84 years, since it was built.

If the agent explanation is convincing, you can either proceed on that basis, or get an attorney opinion.

The first thing you need do is hire a Surveyor. A Lawyer is not interested if the septic  tanks are leaking and need to be replaced. They are also not interested if the water supply is from a Well. Never hire a Lawyer recommended  by the Agent and do not believe  anything the Seller tells you.

We made the mistake of using the agents recommended solicitor.....so all my private conversations were immediately reported to the agent! However, having now tried using 12 further solicitors in nearly 15 years I would say that none of them are worth the massive fees. They have taken our money and then stopped returning calls.

Be very careful.

There's tons of properties for sale in Spain.  Why risk buying a sketchy one when you don't know the laws and regulations?  I wouldn't take any unnecessary risks. 

@Blancas Blogger Yes be very careful with Solictors recommended by the Estate Agent. Lawyers don't care if your water supply isn't reliable or your septic tanks are backing up in your bathroom. ALWAYS use a Surveyor and Architect before hiriring a Spanish Lawyer.

@gjpn What makes a property sketchy ? You presume everybody knows, but the only people who actually know are the crooked Estate Agents and the Seller.

It shouldn't even have been advertised without the EPC in place and the agent should know that.  I'd also be surprised, as the agent states it is connected to municipal water and sewage, if the Town Hall isn't collecting IBI (Council Tax) on it.  But if they're not and it really is completely off their radar, make sure they're not going to be looking to you for 4 years unpaid municipal taxes and possibly a fine.  There has to be a reason why the current owners have not regularised the situation and it probably involves time and money for which they could be hoping an unsuspecting buyer will pick up the tab.

@rogerroberts22 That is why you hire your own lawyer for a purchase. Do not use the realtor's or seller's.  I wouldn't even sign lease contracts here until I had a lawyer review them.

@H Williams  You should have your attorney check it first.  YOUR attorney--not the seller's or realtor's. There is a problem with some houses that were built illegally years ago. Antonio Banderas just demolished a villa and is rebuilding it because it had legality issues.