THE segregation of a plot can be a useful operation when one is interested in splitting and transferring part of a property by means of a sale or as a gift.
This operation requires the separation of a portion of land from the original plot, making it a new independent plot, which can then be transferred
A typical example of this kind of operation is one in which parents own a property which includes a large plot and they want to give part of the land to a child to allow for the construction of a new additional property.
By such an operation the parents would segregate or divide the original property, separating part of the land in order to convert it into an independent plot at the Land Registry and then would be able to transfer only that portion, without affecting the rest of the property.
Another common situation is one in which a person wishes to expand their property (for example to build a pool), by buying part of an adjacent neighbour’s property. In order to carry this out, the neighbour would make a segregation of the part of the land in which the buyer is interested, to convert it into an independent land, before proceeding with the sale.
This operation may seem quite simple, but in practice requires the undertaking of certain legal and administrative procedures which are mandatory if the transfer is to done correctly.
Firstly one must contact an expert, usually an architect, to sign a segregation project report in which he must log the appropriate measurements and calculations and he is required to describe in detail the characteristics of the new property to be created with the segregation and how the original property will remain.
Once this report has been made, you must usually request a Segregation Licence from the local Town Hall which requires the proper completion of an application form, the payment of administration fees and presentation of the architects report.
Additionally to the documentation that each Town Hall requires there will normally be a requirement to submit proof of the payment of the fees, cadastral plan and information from the Land Registry.
The Town Hall will then study the project and decide if, based on municipal urban planning regulations and the general urban planning, they can grant the segregation license.
Once you finally obtain the segregation license, it must be formalised by means of a public deed of segregation completed before a notary and then by the registration of the deed in the corresponding Land Registry.
Once the deed is registered, the segregated portion will become an independent property and you will then be able to transmit it through sale or gift, etc.
If you wish to carry out plot segregation and require legal advice on how to do it, contact us and we will assist you.
The information provided in this article is not intended to be legal advice, it simply transmits information related to legal issues.
Carlos Baos (Lawyer)
White & Baos
Tel: +34 966 426 185
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