When buying or selling property in Spain, you may encounter discrepancies between the measurements listed in the escritura (title deed) and the cadastral (land registry) records. Understanding these differences is crucial, as they can significantly impact the sale process and legalities of the property transaction.
What Are Escritura and Cadastral Measurements?
Escritura:
- The escritura is the legal document that proves ownership of the property. It is created by a notary and recorded in the official Land Registry (Registro de la Propiedad). This document details the size and boundaries of the property as stated by the owner or developer at the time of registration.
Cadastral:
- The cadastral is an administrative record managed by the Cadastral Office (Catastro), which maps and describes rural and urban properties for tax purposes. It includes detailed information about the property’s physical attributes, including its exact location, dimensions, and the usage that it is being taxed for.
Why Are There Discrepancies?
Several factors contribute to the differences between the measurements in the escritura and the cadastral:
- Updates and Accuracy: The escritura is often based on initial construction plans or historical records, which may not be updated regularly. In contrast, the cadastral records are updated more frequently, particularly when properties undergo renovations or land is subdivided.
- Surveying Methods: The techniques used for measuring properties can vary. Cadastral measurements often use an overhead map and modern metric measurements, compared to the older methods that might have been used when the escritura was first created.
- Administrative Processes: The Land Registry and Cadastral Office operate independently and have different purposes. The Land Registry focuses on legal ownership, while the Cadastral Office deals with property taxes, potentially leading to inconsistencies.
Importance of Matching Measurements
Ensuring that the measurements in the escritura and cadastral match is important for several reasons:
- Legal Clarity: Discrepancies can lead to legal disputes over property boundaries and ownership rights. Clear, consistent measurements help prevent these issues.
- Tax Accuracy: The cadastral size affects property taxes. Inaccurate measurements can result in overpaying or underpaying taxes, leading to potential fines or legal problems.
- Marketability: Buyers expect accurate information. Discrepancies can delay sales or reduce buyer confidence, impacting the property’s market value.
The Role of Cadastral Measurements in Taxation
The cadastral measurements are crucial for determining property taxes. The cadastral value (valor catastral) is calculated based on these measurements and other factors such as location and property type. This value is used to assess property tax obligations, making accurate cadastral records essential for fair taxation. Note that this does not relate to the market value!
Steps to Ensure Accuracy
Before marketing your property, it’s important to verify that the measurements in the escritura and cadastral are consistent. Here’s how:
- Professional Agent: A professional agent will check this , usually before even visiting your property to ensure accuracy, They will at least check this before marketign your property to prevent your time being wasted.
- Update Records: If discrepancies are found, work with legal professionals to update both the escritura and cadastral records. This might involve submitting new plans to the Cadastral Office and revising the title deed through a notary.
- Consult Experts: Real estate agents, legal advisors, and tax consultants can provide guidance throughout this process, ensuring that all records are accurate and up to date.
Conclusion
Understanding and reconciling the differences between the escritura and cadastral measurements of your property in Spain is vital for legal, tax, and market reasons. Accurate property measurements help avoid legal disputes, ensure correct tax payments, and maintain buyer confidence. Before marketing your property, take the necessary steps to verify and update these records, ensuring a smooth transaction process.
For expert assistance in verifying and updating your property records, contact Hola Properties. Our team is here to help you navigate these complexities with ease and confidence.
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