What does it involve?
Land division is a common procedure within mortgage modifications.
It is carried out on a registered property and involves separating a portion of land to create a new, independent property. After the division, the original property, also known as the parent property, retains its initial registration details but is reduced in size, and its description in the Land Registry is modified.
Likewise, new registered properties are created for each divided portion, each with its own updated registration details.
It is important to note that land division is not always possible, as there are minimum surface area requirements that vary depending on the nature and location of the land.
Therefore, it is essential to obtain information about the legal feasibility of the division before committing to sell a portion of land that is part of another property. Otherwise, there is a risk of entering into purchase and sale transactions or preliminary agreements without being able to complete the division at the Notary's office, which could result in financial losses and legal difficulties.
Required Documentation
Segregation permit or declaration of its unnecessity.
Identification documents of the property owners.
Precise description of the new property and identification of the new boundaries.
Taxability.
Segregation is subject to the tax on documented legal acts.
The percentage and taxable base vary depending on the region and are calculated on the value of the new property (the segregated portion).
In what situations can this service be used?
Land Subdivision
When you want to divide a plot of land into smaller parcels for individual sale or separate development.
Inheritance
In inheritance cases where the heirs wish to divide the property into equal parts or according to prior agreements.
Sale of Portions of Land
To sell a portion of a plot of land while retaining ownership of the rest.
Real Estate Development
For the creation of new plots of land intended for real estate projects, such as the construction of homes or commercial premises.
Property Dispute Resolution
In property disputes where it is necessary to establish clear boundaries between the parties involved.
Property Title Regularization
To align property titles with the physical reality of the land, especially in cases where they do not coincide with the actual boundaries.
