Escrituras & tax

On our now lengthy house hunt in Andalucia, we keep coming across fab properties but without escrituras. What is the situation like with caves, pls?

Also, does anyone envisage that this effort by the Spanish govt to redeem dosh from güiris who have "underpaid" for their Spanish properties will also be applied to casas cuevas?

We are wombling up tomorrow for a few days looking around, can't wait!

There are caves without escrituras too - best to check first! Also good to check that ownership is certain too - we saw our 'dream cave', then it turned out several different families believed they owned it! The one we now own was separated out from a much larger area of land, then the measurements weren't drawn up correctly and, seven years after purchse, we're still waiting for a new and correct version of the escritura to be returned from Granada! Good job we're not wanting to sell up.....

Hi, the Hacienda reviewing purchases as regards tax is nothing new, they have been doing it since 2006 at least. Having experienced the 'claw back' myself (through no fault of my own can I add!), my only advice is just to declare the full amount and take the hit on the tax. If you under declare and are hit, you will have to pay the penalty / extra tax PDQ and then fight for some or all of it back if you disagree. They will value your house and you pay for that, You will need to do a valuation in contested matters and pay for that, legal bills, blah, blah, blah. Do you really need the hassle?

NEVER use the Solicitor 'recommended' by the estate Agent, and get the vendor to sort as much out regarding Escrituras and Catastral issues prior to the sale as you can if there are problems. If in doubt......walk, theres plenty of properties on the market!

Don't be put off, this is a great area with great people, go for it!!!

Thanks for your advice. I have a particular aversion to unexpected envelopes - brown, with windows, type-written etc - so tend to do my best to avoid them! We don't have a buzon here for a reason!!!

We have found two properties this week that would have been a definite look see for us, but sadly both are under offer/sold. However, this is really good news. It means what we are looking for is OUT there, so we can afford to be fussy and hold out for where we really want. Hence coming up to see 2 long term lets this week to allow us to bide our time.

Now, if you can just switch the weather up a few more degrees..... It was 18 here at sunset!

Get all paperwork in order before you think about parting with your money by a solicitor that has no interest in the estate agent that may be trying to get your cash..Believe me there are several out there that talk the talk but dont walk the walk..Loads of good and bad..Lots of baddies that are not even registered but just want the scam..Ask them for full details of legal business registration and follow up registration and you will be surprised how many slither away into the sunset.Don,t gamble on a Private contract with view to all interested parties signing and turning up at the notary office..Once they have your hard earn,t cash its slither away time.Not always but take note.. Someone suggested keep Estate agents and a solicitor of your choice and not the one they want you to use...So now the creepy crawly estate agents non legal will be on the back foot.cough cough.scratch scratch ( oh my what s that Pedro on about)..Any doubts about legal business practice PM me and i will send you the correct info where to go and check them out..We were bitten for smaller amount but took nearly 12 months to sort out the sharks mess and expensive legal costs.

Thanks for the advice and the now sleepless night LOL

Expect a PM if required! Am never one to turn down advice from folk what has been thar n done that. Us Yorkshire folk watch t'pennies e'en with closed eyes!

You will have more than sleepless nights if its done in haste / wrong, so don't worry, just do the best from the start with eyes open. No one on this Forum wants to 'scare' anyone (unlike some others I suppose), really only trying to help and with the best will in the world, the 'sharks' are out there and best avoided and it has to be told as it is.(Like Pedro always does, thank goodness)

Letting in the area first is an excellent idea. I personally LOVE it here, but we're all different................ you know, spend in haste, repent at leisure.

Enjoy your adventure!!!!

Well said Lurchio..

TRUCKCHICK .Not trying to give you sleepless nights but met so many people over the years that would sell Granny,s nickers if they could get away with it.( maybe some have lol) Pooooo what a thought ..But just think what a sleepless night you would have if not warned of the pitfalls. Just be careful.

Wise words all, thank you.

Personally, after the last 36 hours in your area, I'd be more than happy to repent at leisure!!! Sadly, had to cut our visit short but we loved all we saw. Thank you so much to the people here who answered questions before we set off, the unwitting forum members who answered questions we had without knowing who we were this morning in Galera, to musketeera and others for some excellent info, and to all troglodytes. NOW we get your enthusiasm!!

We will be back in a few weeks again when we have absorbed all we learned this last few days. No rush we realise although I could quite happily have put the money down today on one place we came across!

Just great. Cheers. Will be back here as our awe subsides and questions about the reality percolates through!

Oh, and slept just luvverly last night in a cave no sleepless night, and toasty!

Do the Escrituras have detailed diagrams/maps (as do HMLR tiltle documents in UK have)?

The escritura we had included drawings, tho not very detailed, and an aerial photo with the boundaries marked on it. Still waiting for the corrected version to reach us tho....

Go on the Spanish Government Catastral site, put in the catastral reference and you will get a pdf. file including a map and outline. Then you will KNOW it exists!!!! Its free by the way!

The online Catastro is here [You must be registered and logged in to see this link.] Just to warn you I got a security exception in firefox, some browsers may not let you go to it because of this.