Hello,

We want to buy a small rustic farm (0.25 hectares) in Gran Canary island– the price is fine and everything should be ok except that we have heard that the owners of the adjoining land have first rights on buying and could do so at a later date even after we have bought. They could begin proceedings to pay the same price as us, our money would be returned but we would be without the farm. Does anybody have any information on this?
Thanks in advance for any help you can give.

Liz

Not sure of the laws about this where you are, but here in Portugal we have a similar thing, your lawyer should be able to easily sort this out by writing to the neighbours and finding out if they have any interest in it, before you buy, they then have been offered the land and notified of the offer officially, so its hard for them to make problems later.

__________________
www.gekkoportugal.com A guide to living, working and buying property in Central Portugal
www.chavetejo.com Central Portugal Registered Estate Agents AMI 7856

Hello, yes it is true that adjoining owners of rustic land (smaller than 1 hectar) have a first right to purchase an adjoining plot, and they may execute this right after the transaction is made, within 9 days after it's entry into the Land Registry. For this, they have to refund to the buyer (you) the declared price and the legal expenses he has assumed. Therefore, if you buy this land, it would be absolutely necessary that the total price is officially declared.

It seems however according to case law, that this first right to purchase is only valid if the use of the land is going to be its agricultural cultivation.

Hi there,
Thanks very much to both of you for replying. It has been known that the land is for sale for about a year and a half now and the neighbours have not approached the owner. They might think it too expensive.

That's very interesting about the importance of the use of the land - it definitely isn't for agricultural cultivation - just some fruit trees and some vegetable for home use - there is a cave house on it and that is the main thing of interest to us.

Would you know of any site where I can read more about this type of law - I'm fluent in Spanish so don't mind if it is in either English or Spanish.

Thanks again.

regards,
Liz

A good lawyer to represent you should tell you the laws pertaining to this.

__________________

Hello again, the fact that they have not purchased it already is a hint that they will probably not try to purchase it back because the price is too high, but provided that the price on the deed is equal to the asking price! I agree that you should contact a lawyer for further information about this law, I have not found anything on the internet. The information I wrote above comes from a compilation book in real estate law.