Buying Spanish Property on Rustic Land
- Posted by GandiaLawyer
- Posted in BlogSpanish Property Law
For years I have been trying to warn clients about buying Spanish property on rustic land. It is possible to do this but extreme caution needs to be exercised and you must ensure that the conveyancing is undertaken by a first class lawyer – and one prepared to undertake extensive checks upon your desired property.
The trouble is that if you are thinking of buying Spanish property on rustic land then you should be aware that you do not have the same rights as would be applicable to properties classed as Urbano. This lack of rights can adversely affect your enjoyment of your property and you should make sure that you know all the implications that come with buying a Spanish property on rustic land – before you take a final decision to buy!
A potential client contacted me this week saying that he was planning to purchase a property on rustic land near Ontiniente. This is a village near the La Safor area but somewhat further inland. Obviously, some people tend to buy in this area because properties are cheaper than on the Valencian coast or they just want to be in a quiet country area with few neighbours around.
I explained to my client the consequences of buying a Spanish property on rustic land but initially my client was not concerned. It was not until I advised him about all the precautionary searches and investigation that was required to make sure that the property was legal and devoid of potential liabilities that he reacted. Once he realized the potential problems he decided to try and find a property that was Urbano (a sensible action, I thought).
You should be aware that legal searches on Spanish properties on rustic land are rarely easy and straightforward.
Why?
Well, mainly searches are complicated by the boundaries of Rustico properties. These are a major problem. The existing boundaries may be fenced or walled but this does not mean that the legal paperwork confirms the extent of the property. In fact, proving the true boundaries can be fraught with problems and expensive to undertake.
When dealing with rustic properties I also frequently find that some Town Halls do not confirm in writing (absolutely vital) many important points regarding the property I am investigating i.e. public rights of way. This is why I always request the help of agricultural engineers to assist me on this. They can check public documents and can confirm whether there are any limits to full ownership of a properties land or whether the land has public rights.
So – if you are thinking of buying a Spanish property on rustic land then I would advise you to exercise great care. Make sure that your lawyer checks your prospective property with the greatest diligence before you pay any money for it!
