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Hello all. I've just sold my apartment that was built in the 60s. My solicitor has advised me that it is entered on the Land Registery as " being under construction "
Given the age of the property and that I've had it for 20 years surely this is not a problem or should have been rectified years ago. The solicitor is asking for 847€ to have that section removed. Which seems a lot of money to me. Has any one else had this problem?
The solicitor who acted for you in your original purchase of the property should have noted this at the time and required the vendor to update the Land Registry and cadastral to be updated correctly. The Land Registry charge fixed fees for changes and then your current solicitor will charge for his time in ensuring this is done, so maybe you could ask for a breakdown of the price you have been quoted. Alternatively, if your sale has been completed (as you state), you could just leave this issue with the new owner, unless they or their solicitor has raised the issue?
The property that we purchased in 2019 was 10 years old and that was still shown as 'under construction', when it was clearly completed. Our solicitor ensured that this was noted in the sale / purchase contract, but I don't think the Land Registry was updated. I guess we'll find out if this is an issue if / when we ever come to sell the property...
Posted: Sat Feb 26, 2022 2:16pm
RichT wrote on Sat Feb 26, 2022 10:55am:
The solicitor who acted for you in your original purchase of the property should have noted this at the time and required the vendor to update the Land Registry and cadastral to be updated correctly. The Land Registry charge fixed fees for changes and then your current solicitor will charge for h...
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...is time in ensuring this is done, so maybe you could ask for a breakdown of the price you have been quoted. Alternatively, if your sale has been completed (as you state), you could just leave this issue with the new owner, unless they or their solicitor has raised the issue?
The property that we purchased in 2019 was 10 years old and that was still shown as 'under construction', when it was clearly completed. Our solicitor ensured that this was noted in the sale / purchase contract, but I don't think the Land Registry was updated. I guess we'll find out if this is an issue if / when we ever come to sell the property...
Hello Rich T. Many thanks for replying. The sale isn't completed yet, and I am using the same solicitor that I used back in 2002 because he has been doing my tax returns all the time. I did query it with the secretary and her last email stated that "the entry was not on the Land Registery in 2002 and that they are questioning it with the Land Register, however the property cannot be, Legally, ( underlined ), sold if it's not changed". So I am waiting to see what she comes up with. As the property is being sold to Spanish and the solicitor is Spanish I'm sure I'm not going to get anywhere with it.
In your case would you be able to check the land Registery yourself and see if it's been changed and if it hasn't, but on your Copia Simple it states the property is completed, use this to get it done free.?
Apparently my charge is that an engineer has to inspect the property then change the paperwork and get it signed off by a Notaro.
All the best
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