What does it consist of?
Segregation is a common procedure within mortgage modifications.
It is carried out on a registered property and involves the separation of a portion of land to create a new independent property. After segregation, the original property, also known as the parent property, retains its initial registration data but is reduced in size and its description in the Property Registry is modified.
Likewise, new registered properties are created for each segregated portion, each with its own updated registration data.
It is important to note that segregation 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 segregation before committing to selling a portion of land that is part of another property. Otherwise, there is a risk of carrying out purchase-sale agreements or preliminary dealings without being able to complete the segregation at the Notary, which could result in financial losses and legal difficulties.
Documentation required
Segregation permit or declaration of non-necessity.
Identification documents of the property owners.
Precise description of the new property and identification of the new boundaries.
Taxation.
Segregation is subject to the tax on documented legal acts.
The percentage and tax 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 wish to divide a piece of land into smaller plots for individual sale or separate development.
Inheritance
In cases of inheritance where heirs wish to divide the property equally or according to prior agreements.
Sale of land portions
To sell a part of a piece of land while retaining ownership of the rest.
Real estate development
For the creation of new land lots intended for real estate projects, such as the construction of houses or commercial premises.
Resolution of property disputes
In property disputes where it is necessary to establish clear boundaries between the parties involved.
Regularization of property titles
To adapt property titles to the physical reality of the land, especially in cases where they do not match the actual boundaries.
