Victoria Wright
DID you know that it is the property owner’s responsibility to inform the Catastro department of its errors?
Also, it is the Catastro office which informs town halls and land registries of their calculations, not the other way around.
Where do they get their calculations?
For urban properties where roadways, walls and fences exist these are used as a ‘most likely boundary guide’.
In more rural areas it is harder for them to distinguish the boundaries so natural land breaks such as ravines and dry riverbeds are used.
Some people though may wall in their cultivated garden and pool area but leave an expanse of their land without fencing in to keep the aesthetics open and natural.
This can often lead to mistakes and boundary disputes when the visual map varies from the written description on the title deeds and in turn the physical reality.
How does their mistake directly affect you as a homeowner?
This calculation directly affects the amount of annual council tax (SUMA) which you pay for your property.
This map is also used to calculate the transmission tax due on the sale and purchase of a property, so if you’re being charged for your neighbour’s land as well as your own this can be a large overpayment.
What can be done?
To rectify the mistakes in their plan, the property owner must collate a series of documents and evidence to present: usually the title deeds (escritura) and often reports from the town planning department are required.
On many occasions an architect or topographer may be necessary and sometimes affidavits from surrounding neighbours.
Most of this documentation can be presented remotely. For many homeowners, this can seem a little daunting.
Given that there are various documents to collate and official departments to deal with, we suggest that people seek the assistance of a professional company, such as ourselves.
We can collate your documents and present them for you or, alternatively, guide you through the process if you wish to carry out this procedure yourself.
For any help and advice on legal issues, you can contact legal eagle, Victoria Wright at ALBA Consultas. Email: info@albaconsultas.com. Call (+34) 96 561 5061 / +34 692 386 293 or drop into the office at C.C. Europeo, Local 168, Ctra Teulada – Moraira. 03724
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