Nota Simple and Land Registry

I have two problems to raise, one relates to my property and one to my friend's so I will raise her problem first.

1. In 2009 she received documents to say the bank would repossess her property and it had a court date which she didn't attend. It's been 6 years but she has heard nothing and hasn't received an eviction letter and no-one has been to change the locks. The Nota Simple still has her name on so how can she find out if the the bank went to court and repossessed her home, or not?

2. My problem is that I purchased an old Spanish townhouse in 2006 and my lawyer sent all the appropriate paperwork to the land registry but only the water and rubbish collection bills have been changed to my name. The IBI and other townhall bills are still in the name of the previous owner. My lawyer sent the documents again to the land registry but then they wanted drawings and photos of the property. I paid an architect (at the land registries request) to do official drawings, documents and photos and was told everything would then be changed to my name but it's been two years and the IBI is still not in my name and no-one at my local townhall can tell me why or advise what I should do next.

The property was originally one house that was divided into 2 in the 1980s and the half I purchased (top floor) was sold 3 times before I purchased it and there wasn't ever any problem changing it into the new owners names. The person I purchased from now live in the other half (ground floor) and the townhall keep taking the money from their bank account to pay the bills and then I have to pay them and get a receipt. They're Spanish and also paid the architect to do their new drawings at the same time as ours but they have no idea what we can all do next. The townhall won't give me the bills directly because they're not in my name. Do I own this property or not? I have a mortgage that I'm paying with no idea whether I have a legal claim to the property so any help or advice will be very much appreciated.

Hello Maya,

Answering your first question, about your friend, the best thing to do is to approach the bank to find out what is the current situation. If the Land Registry note indicates she is still the owner, it certainly means that repossession has not taken place yet.

Regarding the second question, putting the supplies in your name is not something Land registries are entitled to do, but the supply companies and the corresponding Town Hall. I recommend you to contact a local lawyer that knows well the procedures and the right people to talk to in the specific town to solve those matters that, generally speaking, are the result of Public administrations mistakes and poor handling of bureaucracy matters.

For you to confirm your are the formal owner of a property, you only need to get a Land Registry note from the Land registry.

Regards,

Thank you for the reply.

In my case the escritura is already in my name but the townhall refuse to change the IBI, etc, and say it is a problem with the land registry. We've tried several different lawyers already and the last thing was that the land registry wanted new drawings done of ours and our Spanish neighbours' properties so they could amend the entry and then everything would be updated and changed to my name. The drawings were submitted, via an architect, in August/September 2013 but the townhall still say they can't update their bills into my name. It just seems so ridiculous that I want to pay them but they won't let me have the bills because they still don't have my name on and apparently can't be changed. One member of staff even told me the property isn't legally mine which is quite concerning. I pointed out the escritura but she said it wasn't worth the paper it's written on.

Immediately after I purchased the water was changed to my name but that's the only bill the townhall changed and it's just so strange they could change one and not the other. The electricity and phonelines are also in my name. I've spent 9 years trying to get this sorted and now I'm just thinking of selling up to pay the mortgage off (if I can!) because I don't want to pay another 16 years of the mortgage and then find out the property isn't mine. The last lawyer I spoke to said I am definitely the legal owner and can sell if I want but if I'm really the legal owner why can't the townhall change the IBI, etc, into my name? It just doesn't make sense and no-one, lawyers included, seems to be able to tell me what I can do to get the problem resolved.

Hello

It looks as if the purchase deeds have not been correctly registered, probably because a new building r alteration deed must be in place and the Registry is not processing it because it may be against the current Urban Plan and the documentation provided does not include all their requests. However, this is only a possible explanation.

If you let us know the exact address, we may be able to make some inquiries a the relevant Public offices, in case we are close to the location.

Regards,

How do I ask a new question on a forum? I am logged in but cannot see an option to post anything. Its regarding malpractice of a Lawyer in Marbella