Discprencies In The Title Deeds

Dear Sirs,

My husband and I purchased a plot of land three months ago and in accordance with the title deeds the property has 7500 sq.m. of surface area. Following the purchase, we started the legal paperwork in order to build a house on the land and accordingly instructed a surveyor to measure the land within the boundaries. When he provided us with his report, we have had the unfortunate surprise that the land actually measures only 6800 sq.m.. We went back to the vendor who is German and he says that it is not his business and refuses to pay us any compensation. We find this discrepancy quite disturbing and we would not have paid the full asking price if we had known about the reduced surface area of the plot.

Dear Reader,

The question you raise is perfectly regulated under the Spanish Civil Code and we would like to know, in order to give you a proper answer, what were the terms and contents of the title deeds. If the plot of land is described in the title deeds specifically mentioning the number of square metres, and the price paid for each square metre, then in accordance with article 1469 of the Spanish Civil Code the vendor has the obligation, if requested to do so, to hand over to you the real square metres of surface area stated. If this is impossible you will have the option to ask for a proportional reduction in the price, paying only for the actual square metres that you have received. The vendor could even be sued in court to cancel the contract or the title deeds.

It should be mentioned that the Spanish Civil Code also rules the situation from the other point of view – what happens if we buy 1000 square metres and then find we have, in fact, 1100 square metres for example. In that case the buyer would have the obligation to pay for the excess of the square metres received, if this excess is not more than the 1/20th part; otherwise, if the excess is more than 1/20th part, then the buyer will have the option to pay the increase of the square metres or to cancel the contract.

However, if you and your husband purchased the land for a fixed price, i.e. for a certain amount that was not based on a price per square metre, then in accordance with article 1471 of the Spanish Civil Code, none of the above situations are relevant and you have to accept whatever is the actual size of the land. Therefore the potential solution would depend on the wording of the title.

Finally we should point out a most important aspect, which is that the same Civil Code gives a special limited term to exercise legal action arising over such a dispute. This is just six months from the moment that the property has been handed, which in your case would be the date on which the title deeds were signed