If you have or have just inherited a family property, but you don’t have documents that prove it belongs to you, the first thing you should do is identify the land. In this article, we address the most relevant difficulties inherent in this type of situation and what steps to take in order to successfully overcome them.
What are the main difficulties?
If you have land in your name but do not have the knowledge or documentation to prove this situation, you may face complications. Since then, not being able to prove that the land is yours, but also not being able to sell or lose the property to the State. And this based on two situations: having land in your name but do not have documentation; and have the land, but it is not registered. Then, we explain what you should do in both situations. Read more: Buying land: What to consider?
How do you know if you have any land in your name?
If you own or have inherited land and do not have documents that identify the situation, the first thing you should do is ask for a permanent certificate. This document proves that a land register was made, making available online all registrations in force on a propertyeven pending requests. That is, with this document you will know who is the property owner (in this case, the land). Thus, you can request this document in the following ways: through the Internet;at the Online Land Registry;in Land Registry Office; finally, in a Citizen’s Store.The permanent certificate is valid for six months and is always:up to date;and available for consultation via the internet.
Identify land: what if the land is not registered?
You have already seen that there may be land in your name and that you were unaware of because you do not have documents that identify this situation. But, there are even more complex cases. For example, suppose you inherited land “passed only by word of mouth”, but there is no land register for it, nor do you know the location of the land and its characteristics. when there are no documents everything becomes more complicated. Next, we explain how to overcome these difficulties.
Identify land: how to locate and register?
Currently, there are three ways to proceed with the free land registration: In person through a Land Registry Office;Through Online Land Registry;And for Building’s Single Counter platform, called BUPI. Nowadays it is much easier to resolve this type of situation. For example, if you want to register your land without having to leave your home, you can (and should) use the BUPI platform created for this purpose. Still, you may encounter some difficulties in registering online if you don’t have a Georeferenced Graphic Representation of your land.
What is the BUPI for anyway?
BUPI aims to help municipalities and citizens in location identification and property boundariessimply and free of charge, online or through its branch network. In fact, registering the property brings greater security to the owners, as this is the only way to 100% sure about who owns. However, for the registration to be free of charge, you will have to present the property georeferencingidentifying it through the BUPI. Note that even those who have their properties registered must complement this information with the identification of your location and limits on the digital map.
Where and how to identify the location and boundaries on the digital map?
As already mentioned, you can identify your land: on the BUPi or;one of service counters.On the other hand, this platform can only be joined by holders of properties located within the municipalities currently covered by the BUPi. So, to find out the list of participating councils, click here.To identify your propertiesyou must log into your account on the BUPi website and authenticate in one of the following ways:as Citizen Card – you need to have your PIN code and an identification document with you; Digital Mobile Switch (CMD) – in this case, you must have the mobile phone associated with the activation of the CMD and the PIN chosen at the time of activation. Once authenticated, the whole process is easy and fast. Then just follow the steps below:find the properties – for that you need to indicate its limits on the digital map or load the file with its coordinates;Sign the disclaimer – note that it is generated automatically on the platform; Finally, wait until a qualified technician validate your process online. As already mentioned, if you prefer, you can always go to one of the service counters.
Identify land: what documents are needed?
How could it not be, for to identify your properties you need to gather some documents. So:If you use the BUPi, you have to load the documents on this platform; If you go to a service counter, you must take them with you in person.Next, we indicate all the base documents that you will need:RGG – Georeferenced Graphic Representation (in Municipalities with simplified registration) or CGP – Building Geometric Configuration (in municipalities with land registry);identification document (CC or BI);Tax Identification Number (NIF). In addition, to validate the identification of your property on the digital map, you will need to have the property booklet with the matrix numberin order to associate it with the property design or with the file created through a topographical survey of the land. Finally, you must have in your possession the documents that confirm that the property is yours. They are: Deed of purchase and sale or donation; Deed of Qualification of heirs; Judicial decision that grants you the right of ownership; obligatory the presentation of all these documents!
What if you have no means of proving that you own the property?
In case you own a property, but do not have a supporting document nor are you in a position to obtain it, then you can invoke the adverse possession and start a special justification procedure. That is, you must prove that you live or operate the property and that you are able to register it in your name.
What are the costs?
If you use the BUPi to identify and locate your property boundaries does not have any costs. After identifying the location of your properties, you can also do the land registration free of charge.Please note that this cost exemption lasts for four years from the date of adhesion of the municipality to the BUPi.Finally, know that BUPi does not charge any cost for the regularization of land registers in the municipalities where the geometric and property cadastre is in force.
Why is it so important to identify and register land?
Firstly, by identifying and registering your properties you ensure that you have everything within the law and can avoid some “headaches” in the future. The main advantages are:
Ensuring property rights
In order to guarantee the registration of the lands in the finances, it has to register with the Land Registry Office, which will be free when showing the location of your property.
Allow buying or selling land
If you want to buy or sell land, registration at the Land Registry Office is mandatorywhich also has no costs if you show the location of your property.
Benefit from incentives
By identifying and registering your land, you will benefit from incentives such as reparcelling and reforestation, thus contributing to the enhancement of resources and land management.Read more: Land registration: why should I register my land by 2023? The information contained in the article is not binding and does not invalidate the full reading of documents that support the matter in question.
A professional writer by day, a tech-nerd by night, with a love for all things money.