It is very important to know this if a mortgage in Spain is taken for the purchase of rural real estate (part 2)
So, we continue to talk about what pitfalls a buyer can expect when he decides: a mortgage in Spain for the purchase of real estate in the rural hinterland is just what he needs.
The next important point is to make sure that the chosen object does not have any encumbrances and debts. Everything is clear here. Any such encumbrances are imposed on the property itself, not on its owner. Accordingly, by purchasing real estate, the buyer acquires all debts and encumbrances, which from now on will have to be paid to him. That is why it is the duty of any buyer or a lawyer hired by him to make sure that the purchase agreement is for the purchase of real estate, completely free from any obligations.
Rural real estate and its operation have certain features related to its very nature and are not typical for urban housing. Here we are talking primarily about easements, which the new owner does not have the right to refuse, no matter how burdensome and inconvenient they may seem to him. Examples:
- right of way. A part of the land that is purchased together with real estate can be used by neighbors to access their land plots.
- Local shepherds may have the right to pass through this property at certain times of the year to conduct their flocks.
- The right to hunt. Acquired rural lands may be part of seasonal hunting grounds. Therefore, the owner will only have to put up with the need to regularly collect spent cartridges on his site and lament about trampled lawns.
- View restriction. According to this requirement, the height of buildings erected on the acquired site may be limited so as not to block the view of neighbors.
- The right to water. Neighbors may have the right to take water from a well or reservoir located on the acquired land plot.
All this must be kept in mind if the buyer of rural real estate purchases it in order to ensure privacy and seclusion.
Before buying a property, it is necessary to check its registration in the land and cadastral registers. Errors are often made when registering objects, such as incorrectly indicated the size of the plot in the documents or incorrect description of the property. Also, the boundaries of the plots are often set approximately, which can lead to disputes with neighboring owners.
The lawyer hired by the buyer must require the seller to accurately establish the boundaries of his site in accordance with official documents.
In addition, it is important to find out whether the property being purchased is a legal building. Illegal buildings violate the law on land use and can lead to monetary fines and criminal liability for the owners.
It is also necessary to make sure that the purchased plot with the house has access to transport infrastructure, communications and water. In some regions of the country, there may be restrictions on water use in the summer.
Houses in rural areas are not always connected to the central sewerage system, so it is necessary to find out if the property has its own sewerage system.
It is important to seek the help of a lawyer and an independent appraiser in order to identify in advance all the problems associated with the purchase and operation of real estate. Such services can cost money, but mistakes when buying rural real estate in Spain can be very expensive.
