Topographic survey costs?

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Re: Topographic survey costs?

Post by admin » Thu Apr 18, 2019 7:38 am

Even though techinically the shack is yours and you want to avoid any issues with the nieghbor, get that as a settlement in writting from the nieghbor at the same time resigning any possible claims in general, if your going to work something out with the nieghbor anyway.

you don't want to pay twice for the same shack, or have it say turn in to an issue when you go to sell years from now.

I have seen stupid little errors like that turn in to rather monumental legal fights, and just overall bad relations with the nieghbor. good opertunity to fix it for good.
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Re: Topographic survey costs?

Post by Space Cat » Tue Apr 23, 2019 1:27 am

Thanks for the tip, we'll definitely notarize both the purchase and that she has no further claims. Still trying to catch her though.

Meanwhile, I've got a PDF report from the topographer. The problem itself is explained in layman's terms, there are also a satellite map and a topographical plan with the correct and incorrect borders measured. He even listed the used devices' models, so everything looks professional.

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Re: Topographic survey costs?

Post by Space Cat » Fri May 17, 2019 12:14 pm

Oh, shit.

So, the neighbor contacted me and she was not the problematic parcela's owner but of the next to his from another side, i.e. the problematic parcela is between ours and hers borders. Her terrain is a part of another parcellation and there's a house built already.

She said that there's also a problem with her borders and they actually begin... RIGHT after the place where the shack was built, i.e. next to our parcela's correct borders.

It technically leaves the problematic neighbor with no land whatsoever and even without our border adjustments, there's not enough land to qualify for 5,000m² which is the rural minimum. The initial parcellation plan shows 5 parcelas but physically there's enough land for 4 only.

admin, any ideas where can it lead? I guess, the owner of the phantom parcela has to sue the original parcellation's author but I wonder what it means for other neighbors.

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Re: Topographic survey costs?

Post by admin » Fri May 17, 2019 7:12 pm

without us digging in to the title histories involved and survey, i would not even want to make a guess at what the status of that mess is and what needs to be done.

The first one that pops to the top of my mind though: statute of limitations.

There may not be a claim, for anyone.

That music may have stopped a long time ago, and someone might not have a chair.
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Re: Topographic survey costs?

Post by Space Cat » Fri May 17, 2019 7:24 pm

admin wrote:
Fri May 17, 2019 7:12 pm
without us digging in to the title histories involved and survey, i would not even want to make a guess at what the status of that mess is and what needs to be done.

The first one that pops to the top of my mind though: statute of limitations.

There may not be a claim, for anyone.

That music may have stopped a long time ago, and someone might not have a chair.
Ah, ok, thanks anyway! The titles were cleared by Spencer Global, so I believe they are all right. 😌

The parcellation (subdivisión) for our "block" was done in 1997 but no idea what was the date for the other "block". I'll see where it goes and if it will affect us at all — the 80% of the land overlap is between those two neighbors, so it's up to them to resolve (in theory).

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Re: Topographic survey costs?

Post by admin » Sat May 18, 2019 12:12 am

yea, i know that.

I am talking generally instructive to the kids following along at home.

There is the legal saying from common law, "possession is 9/10ths of the law".

I have my own version, , "possession is 9/10ths of the law, here, there, and everywhere".

common law is common, even in a none-common law countries. :x

someone wants to challenge your possession, they better have some deep pockets and a lot of time.

which in this case, is the property worth a say 10 to 50 million peso, and 3 to 6 year, legal battle?

that alone is probably sufficient to discourage any challenge untill status of limitation is gone. which is probably why the nieghbor with no chair, is, well, without a chair long after the music stopped.
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Re: Topographic survey costs?

Post by Gloria » Sat May 18, 2019 10:28 am

admin wrote:
Sat May 18, 2019 12:12 am

someone wants to challenge your possession, they better have some deep pockets and a lot of time.

which in this case, is the property worth a say 10 to 50 million peso, and 3 to 6 year, legal battle?

that alone is probably sufficient to discourage any challenge untill status of limitation is gone.
I wouldn´t take it for granted if I were you. When it comes to land.....that´s another story. Forget about the millions. The psychological "torture" by those involved with harassment's, threats, viciousness and so on is something to take very seriously.
I'm from the generation of common sense, wisdom and unfiltered answers. I sayeth as I seeth.

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Re: Topographic survey costs?

Post by mem » Sat May 18, 2019 11:43 am

Ugh what a nightmare. Sounds like a parcellation scam to seek another buyer out the total lot. Surprised no one had figured this out a lot sooner. Thank goodness you got your eyes open and are paying attention. Please keep us posted on how it all shakes out

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Re: Topographic survey costs?

Post by Space Cat » Sat May 18, 2019 12:27 pm

Yep, I wonder where it will go on the social level. Probably depends if the owner of the phantom parcela has more than one terrain around or if it's his only investement.

I don't think it's a scam, the neighbor who settled there first said the original owner was "puro weon" and made many errors. So it may be a domino effect where the next parcellation was done based on the incorrect limits of the previous one.

Since it's Valdivian rainforest on a hill, the borders are indeed hard to measure: you have to go in with machete and somebody could be too lazy for that in 1997.

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Re: Topographic survey costs?

Post by Space Cat » Mon May 20, 2019 3:28 pm

Got in contact with the other neighbor, she said that she wants to solve it "in the best way", and also that the bottom neighbor has been slacking on resolving the border conflict because topographers are pricey.

Now I'm suggesting them to gather along with a topographer and see the problem for themselves. Probably we will just pay for a topographer on our own because it's "cheaper" than worrying about this issue for months.

Meanwhile, I went on Google Maps and used the ruler tool to measure it both in a straight line and along the path between the plots (which is slightly curved despite being straight on the plan). "Not having any land" was an exaggeration by the bottom neighbor but they have 15-20 meters overlap which is basically a third of each plot.

There's definitely not enough space for 6 parcelas and it seems that somebody used a measure tape to define the limits. It added a lot of phantom land because of the sharp slope of the hill where all our plots are situated. And no matter how I measured it on the map, I wasn't able to get the shack (which is already on the satellite photo) out of our territory.

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Re: Topographic survey costs?

Post by Space Cat » Mon May 20, 2019 9:00 pm

I managed to reach the shack neighbor's husband too, we politely talked 20 minutes on the phone but he kept shifting the discussion into irrelevant topics like getting electricity and making the access road public, so the government can improve it. Of course he didn't hire a topographer and now he's recovering from a surgery, so we can't meet for two more weeks. I suggested to meet with his wife and a topographer but he replied with some generalization about "las mujeres chilenas", que machista!

He said he has plans and "antecedentes" (well, me too) and that he oriented on the borders of the neighbor in front of his parcela. That neighbor is one of the few who has a house built and his limits bothered me too — why aren't they matching the ones determined by our topographers?

So I looked at the plans a bit more and had a parcellation revelation lol. Check them out and try to find what's wrong:

plano.jpg

The two rows of parcelas look almost mirrored on the plan while the bottom right one is 9 meters shorter!! That explains the ≈8 meter shift: probably the neighbors that built the house did their homework with a topographer but the neighbor who invaded our terrain with the shack just mirrored the limits after a quick look at the plans.

Mystery solved, where can I get my Scooby Snacks? 😀

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Re: Topographic survey costs?

Post by Space Cat » Mon Jul 29, 2019 5:48 pm

Finally bought it. The neighbor was sluggish as hell but his wife is the real boss (she's also a boss in some department of the local hospital). She did her own research, retrieved a copy of the plan above, visited the land to see the new limits, and agreed with my conclusions. She doesn't use WhatsApp or even a mobile phone, so she just called me one day from work and we went to the notary the same day to sign the purchase.

I paid 900k since it's a rather big and decent shack (our worker who does construction agreed that the price is fair), I also discounted 200k from the initially asked price (1.1m) because I was paying for the whole 90m fence between us.

They bought this land for their daughters 20 years ago but two of three daughters have already moved to Santiago, so it doesn't look like they are emotionally invested into the whole thing.

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