QUESTION

I have measured a piece of land which I own and have realised that the actual size of the plot is bigger than that which is stated in the Land Registry. How should I go about correcting the area which is recorded in the Land Registry?

ANSWER

The procedure whereby the surface area of land as recorded in the Land Registry may be rectified in order for it to coincide with the actual surface area is known as “exceso de cabida”. The manner in which an “exceso de cabida” may be registered varies according to the degree of variance between the actual surface area of the land and that recorded in the Land Registry. In this sense:

1. If the actual surface area does not exceed five per cent of the registered area it is not necessary to provide documentary evidence of this circumstance and it is sufficient to submit an application to the Land Registrar for the relevant data to be rectified.

2. If the actual surface area exceeds five per cent but is less than twenty per cent of the registered area, then it is necessary to demonstrate this circumstance to the Land Registrar by presenting a certificate issued by a technical expert such as an architect, surveyor or civil engineer proving the actual size of the property.

3. If the actual surface area exceeds twenty per cent of the registered area, it will be necessary to submit a cadastral certificate attesting to the correct surface area of the property accompanied by a plan showing the location of the property.

In all of the above cases, the property which is subject to the “exceso de cabida” should be precisely and accurately identified by the Registrar. With regard to the title necessary in order to register the correct surface area, if the Registrar expresses any doubts or queries, the owner is required to justify his grounds for registering the greater surface area by means of a prior deed of acquisition such as a purchase and sale instrument, deed of inheritance, judicial proceedings to prove legitimate ownership or in a notarial declaration. If the procedure involves a property with fixed boundaries or the nature thereof is such that there may be no doubt as to the identity of the property, it will be sufficient to provide a declarative document such as a deed of new build or deed of segregation of property.

Regards