This is are some sample of the type of independent report we make for our clients BEFORE signing the contract

Sample 1: Initial report

DEEDS
We have been provided with 2 deeds: one is a purchase deed, and the other is a partition of state (inheritance). I do not yet know the relationship of the latter to the actual land you are buying.
Partition of state deeds
What we need to find out
1. What part of the land is in the deeds? The partition of state deeds we have right now is not of use to you. It states that the land belong to seller’s sister, who is now dead. I have asked EA to ask the seller what other paperwork he has. I have been told by people who knows the seller that he is reliable with “legal paperwork”. So This might be just a mistake and hopefully he has other paperwork stating his ownership of the land (he needs that in order to make a “legal” sale of the land) .
2. What is the procedure required to transfer the ownership of this land to you in the form of a purchase deed:
a. Notary costs
b. Paperwork required
c. Other costs?
3. I will check this with the notary in Ugijar and probably a lawyer
4. Has the property Taxes (IBI) been paid?. The IBI taxes seem to be OK and paid

Purchasing deeds
These seem to be more starightfoward
What we need to find out
Registering the ruin in the deeds
1. Can this be done? The owner told me that it was originaly a plot to bury potatoes in (a clamp). However, if it is over 25 years old this should be easy regarding paperwork
2. What is required? (survey from perito, certificates, etc)
3. How much would it cost?
4. How long will it take?
LAND
Issues with shepherd
What does he want/expect?:
§ Right of passage or pasturing on your land? The shepherd wants to pastures in the castañar during the winter months.
§ Anything else we need to know? MD says that problems might arise form the other shepherd, who actually owns land next to you. He is know to be careles with his herd. Part of the water your finca is using is his and so some negotiations might be required later. Embalse (Pool)
Water rights
According to the owner your water rights are:
1. For the Castañar 12 hrs every 10 days (from 7 am to 7pm)
2. For the estanque (pool) coming from the lower “pago” you have 3 days a month (Need to check again)
3. You also have rights to surplus water of 36 hours per month (?)
What needs to be done?
1. Need to check accuracy of data above with waterman
2. Potential problems with the 2 other pools (they cannot be fenced as other people have to have access to them)
3. How does the irrigation water system work regarding this issue?
4. What kind of dependency exists between the neighbours and you?
UPDATE: No more information available on this issue. The 2 balsas are according to N outside the property
BUILDING
· How big is the ruin?
· Is it technicaly possible to obtain permission for a 40-50 m2 house given the actual conditions of the land? I am asking the county hall for an “official and writen” report regarding what would you be able to build and under what conditions. This could take 4 weeks, but I will try to get some more info earlier
1. Ask technical architect his opinion in County hall (Berchules) regarding this issue (location in natural park)
2. If possible what would be the requirements?:
i. Being a farmer (cost of Social Security)
ii. Project from architect? (costs)
3. If NOT possible, what are the other options?[ confidential]
What do we already know?
· You can have your cabin in M’s place (after asking for permission)
· You will have to ask for permision to have it on your land (there is no precedent, but we can ask the forestry guard what he thinks beforehand)

OTHER ISSUES

Some of your neighbours make use of pesticides and fertilisers to grow their beans. You need to be aware of this issue if you are planning to grow organic food and want to get a propper organic certification for your products -the water or the land might be slightly contaminated.

 

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