Right to Buy

[smurray]

Hi there,

As I understand it, when buying rustic land in Portugal, it is a legal requirement that the owners of neighbouring plots must be informed and given the opportunity to buy the land at the agreed price. I also am aware that if this is not done then the neighbour can purchase the plot at that same price many years later (correct me if I'm wrong).

What I would like to know is, if this wasn't done when the land was bought, what would be the best course of action one year after the purchase? Can this be done at some later date or will the neighbour forever have the right to buy??

Many thanks in advance,

Steven

[siobhanwf]

My first instinct would be to RUN in the opposite direction! Canoeman over to you......

[smurray]

Originally Posted by siobhanwf

My first instinct would be to RUN in the opposite direction! Canoeman over to you......

lol...that would probably be my reaction too if asked the same thing!

However, this is the situation and I'm hoping there's a way out.

Steven

[canoeman]

You need to go back to your solicitor and ask, why didn't he make certain the neighbour had met his legal obligation and no one showed interest. His answer should then give you some course of action.
There are also certain things like buildings, Article numbers or if part of land is Urbana that muddy the water so a bit of double checking first.

The seller has a legal obligation to notify the appropriate neighbours by Registered Mail of the agreed purchase, price, time and place of Escritura, they must reply within a specified time 10 days without looking it up, if they wish to exercise right to buy, they must reply and complete with the same conditions, price and within same timescale as you agreed to.

If they don't respond then they lose forever the right to buy.

If 2-3 neighbours wish to buy then land is either split or there are regs that give preference to one neighbour over another.

[smurray]

Thanks for that canoeman although its a bit more complicated than what I originally posted. I am at work but will post later with the details. I am posting on behalf of the couple involved so i need to call them and get some more details too.

Thanks

[smurray]

Well let me give you some background info because it doesn't sound good. I have been searching for a suitable plot myself for the past 18 months and for various reasons haven't found what I'm looking for or when I have, something throws a spanner in the works. Fine, I'm still looking.

However, I have gushed about Portugal to just about everyone I know over here in the UK, including a couple I've known for a while, or at least long enough to know them to be an impulsive pair (see where I'm heading?). So off they go to Portugal for a week or so and back they come saying they've bought a rustic plot. Now, before they left I warned them not to rush into anything and I even bought them a copy of a book I have (author's name escapes me) which explains all the pitfalls and what to watch out for. My guess is that this book is probably somewhere down the back of their couch!

So to keep this from getting too long, they have bought a plot of rustic land without a solicitor. The seller apparently knows everyone in the local camara and so everything was done very quickly. I was horrified (almost felt guilty) and they seemed pleased with themselves until I told them about the right to buy law in Portugal. I know that not having a solicitor means that there could be many other issues for them to contend with but for now I just wanted to know if this can be done retrospectively. Surely there is some way out of this mess. I'm guessing that getting a solicitor involved at this stage would be a good start??

Regards,

Steven

[canoeman]

"I'm guessing that getting a solicitor involved at this stage would be a good start??" or might start a ball rolling they don't want.

It's going back to some basic, why did they buy plot and what do they want/intend to do with it?
From your research you'll know you can't just build etc on rustic land and unless it could get planning permission has little value especially if no water or access difficult, and is certainly not an investment.

Probably the easiest and simplest solution would be to write (registered) to neighbours concerned saying they've just found out about right to buy, ask whether owner informed them as he should have done and do they want to exercise that right, but if they paid over the odds no neighbour here would buy it.
They would need to check with a Solicitor first to see if it would protect them

In hindsight they might be pleased if someone did as plot of land here very quickly reverts to a natural jungle and requires clearing twice a year,

[smurray]

Unfortunately i am finding that the more they realise their mistake, the less forthcoming they are with the details. From what i could gather the seller took them to an architect who discussed plans with them on what they could build. The land is rustic but the area has new houses built? I have always read you cant really build on rustic so not sure what's going on there.

I will pass on your recommendation about sending registered letters and perhaps having a chat with a solicitor. They do want to build so it may be that promises have been made to them that can't be kept.

Will keep you posted, thanks for the advice,

Steven

[canoeman]

They should check on true designation of the land, whether it comes or sufficient % to build comes within the Camara's PDM urban areas, each Camara will have a Plan of the municipality and areas designated for, industrial, house building, farming etc if it falls within urban area then they might get change of usage, if they find they can build then they should tackle the possible right to buy issue, but this would alter if % of land is or could be Urbana.
One clue that will help them is the IMT fiqure they paid.

If seller is so well connected then they should if sensible check all promises with a very independent person