The size of my property differs between the deed, the Cadastre and the Land Registry: how is it corrected?

Question

José Manuel Alburquerque · Accepted Answer

It is common, because the deed, the Cadastre (“Catastro”) and the Land Registry (“Registro de la Propiedad”) are three different things that have not always been updated at the same time. First, the property must be measured by a technical expert and, if the error lies with the Cadastre, the Cadastre must be asked to correct it. To change the area recorded at the Land Registry there are several routes depending on the difference. In almost all of them the adjoining neighbours are notified beforehand and can object. If a neighbour objects because they dispute the boundary, it will have to be decided by a judge. Why they do not match The Cadastre is a government register designed for tax purposes, such as the IBI, the local property tax. The Land Registry records who owns the property and what charges (encumbrances) it carries. What is recorded there is what counts against third parties. The deed contains what the parties declared when they signed it and does not by itself change what the Land Registry says. Since 2015 the law has sought to make the Cadastre and the Land Registry match. That is why the Land Registry increasingly incorporates the cadastral plan of properties, with their coordinates. If the difference in area does not exceed 10 % and the property can be identified, the law considers that the plan and the registered property match. How it is corrected The route depends on where the error lies and how large the difference is: If the error is the Cadastre's, the owner can ask it to correct it, with a plan or a technical report. This can be done through its online portal and is free of charge. If the difference with the Land Registry is small, the land registrar can correct the area without further formalities. It is enough that it does not exceed 10 % of the registered area if the cadastral certificate is provided, which is the Cadastre's document with the description and the plan, provided it matches the property. Without it, the difference cannot exceed 5 %. The registrar does this if they have no doubts and then notifies the adjoining owners. For larger differences, the owner can ask the land registrar to register the cadastral plan of the property, or one drawn up by a technical expert if the cadastral plan is not correct. The registrar notifies the adjoining owners, who have twenty days to make representations. If the registrar has well-founded doubts that a neighbouring property or public land is being encroached upon, the application is refused. Proceedings can also be brought before a notary to correct the area or the boundaries. The notary notifies the adjoining owners and publishes a notice in the “Boletín Oficial del Estado”, Spain's Official State Gazette. If anyone objects, the proceedings are closed. If there is a boundary dispute with a neighbour, the remaining option is to go to court, after attempting to reach an agreement as the law requires. The proceedings before a notary cannot be used for flats in a building under the condominium regime (“propiedad horizontal”). These routes are designed mainly for houses, building plots and rural properties. Before you start Obtain a land registry extract (“nota simple”), the summary issued by the Land Registry showing who owns the property and what charges it carries, to find out what area is registered. Commission a technical expert to draw up a plan of the property with its coordinates, known as a georeferenced plan, validated by the Cadastre. This is what the land registrar and the notary ask for. Talk to the adjoining neighbours beforehand. If they agree, the process is much simpler. These rules are national and apply in the same way throughout Spain.