What does it consist of?

Segregation is a common procedure within mortgage modifications.

It takes place in a registered property and involves the separation of a portion of land to create a new, independent plot. After the segregation, the original property, also known as the parent property, retains its initial registry details but reduces in size, and its description is updated in the Property Registry.

Additionally, new registered properties are created for each segregated portion, each with its own updated registry details.

It is important to note that segregation is not always possible, as there are minimum land area requirements that vary depending on the nature and location of the land.

Therefore, it is crucial 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 entering into purchase or preliminary agreements without being able to complete the segregation at the Notary, which could lead to financial losses and legal difficulties.

Required Documentation

  • Segregation permit or declaration of unnecessary need.

  • Identification documents of the property owners.

  • A detailed description of the new plot and identification of its new boundaries.

  • Fiscality.

  • Segregation is subject to the tax on documented legal acts.

  • The percentage and taxable base vary depending on the community and are calculated based on the value of the new plot (the segregated portion).

In what situations can this service be used?

  • Land subdivision

    When a plot of land needs to be divided into smaller parcels 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 plot of land while retaining ownership of the rest.

  • Real estate development

    For the creation of new land lots for real estate projects, such as housing or commercial premises construction.

  • Resolution of property disputes

    In property disputes where it is necessary to establish clear boundaries between the involved parties.

  • Regularization of property titles

    To align property titles with the actual physical land, especially in cases where they do not match the real boundaries.