dear all, I recently bought a house in Algarve - I asked for and was given a plot plan by the realtor, and subsequently my lawyer completed documentation without checking the actual boundaries. Turns out the plot plan was grossly misrepresented. do i have recourse against the realtor for fraudulent misrepresentation? I guess I clearly have a gross negligence claim against my lawyer for general sloppy incompetence.- @oarsman
In terms of what can or cannot be done with the property, cannot rely on verbal representations - restrictions etc should be registered against the title and also the law eg municipal plan for the area and other restrictions under national plans, specially rural property, historical sites, etc. If intend to develop a property, best to request a prior in principle approval from the local municipality - your lawyer can do this.
Best always to get an independent lawyer to represent your interest rather than using the lawyers recommended by the seller, sellers estate agent - they are not representing your interests.
In respect of boundaries etc- if it is not obbvious on what is being sold - best to get a survey done - lawyers are not responsible to verify the boundaries
@JohnnyPT Thanks. Doesn't the caderneta predial (or same other official database) contain the exact coordinates (as well as the size) of a property? Is there a GEO Database for Portugal? I am aware that one has to be very careful about land ownership in Portugal, also due to the fact that there is land which isn't officially owned by anybody.
For rustic (non-urban) properties: ( = prédio rustico como indicado na caderneta predial)
Concurring with above, my experience is that the lawyer is catching more than one inaccuracy, in the property description and in the procedure proposed in the contract. The lawyer and the seller's real estate agent are naturally well acquainted with each other in my barely-a-city location, by the way, but that doesn't seem to have inhibited the lawyer. I believe a notary would serve approximately the same function as a lawyer here, so maybe they're interchangeable if you have a notary who you like.- @donn25
On the BUPi platform, georeferencing is the identification of a plot of land through geographical coordinates, with the aim of defining its exact location and limits on a map, so that there are no doubts about them. This exact georeferencing of the land (with aerial view like google earth system) will be saved in the Land Registry Office (Conservatória dos registos prediais).
This registration in the BUPi platform is mandatory. If you are buying or selling a property, the land must be identified in the BUPi platform. This is a demand from the notary to deed the land.
FAQs:
https://bupi.gov.pt/en/perguntas-frequentes/
Support / Find out how to find and register your properties in BUPi:
Contacts: