Property purchased….but…..? - Page 2 – Property & Real Estate – Expats Portugal Community Forum
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Property purchased….but…..?

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Posts: 31
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Topic starter
(@genki)
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Joined: 5 months ago

It’s been a long day. We are exhausted mentally and physically just having purchased our Portuguese property including a few acres of rustic land. We are delighted but equally terrified as whilst signing the papers with the lawyer we were informed that in Portuguese law any adjoining neighbour over the next 12 months can purchase the rustic land from us at the contract price (a very very low number). That would be devastating as we bought both together and one without the other would be worthless to us. I’m not sure what to make of this and how worried to be, but has dampened our celebrations tonight now worrying we could lose everything. Any thoughts or knowledge on this law? Have we misunderstood this? (I hope we have).

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Posts: 10
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(@laguna_b)
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Joined: 6 months ago

My Portuguese partner, who is not a lawyer, was reading about this law. The purpose was to rejoin small strips o land overly split up into parcels of more significant value. So some of the exclusions would include land strips sized the normal sizes of what would represent a farm sized property.

Also, if the new owner plans to use the property for non-agricultural purposes, it is not subject to the neighbor exerting the right to purchase.

 

Note we are NOT layers but these might be avenues to explore with a lawyer. Good Luck.

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(@old-bloke)
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Joined: 14 years ago
Posted by: @laguna_b

The purpose was to rejoin small strips o land overly split up into parcels of more significant value.

That was probably the case when the Civil Code was written but Article 18 of Lei 348/88 has extended the right of preference to;
Os proprietários de terrenos confinantes gozam do direito de preferência previsto no artigo 1380.º do Código Civil, ainda que a área daqueles seja superior á unidade de cultura”.

Whilst that would appear to contradict what the Civil Code states regarding the size of the neighbouring plot having to be smaller, it has been confirmed in a number of cases that Lei 348/88 now applies. The most recent case I'm aware of that confirms the preferential right is now extended to neighbouring plots which are larger in size is case 281/13.OTBPCV.C2 from the Coimbra Appeal Court dated 15/12/2020.

If I was in the OP's shoes what would worry me most is that the Coimbra case I refer to above relates to a land sale that took place 30/12/2012. Just 15 days short of 8 years to get sorted!

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Posts: 31
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Topic starter
(@genki)
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Joined: 5 months ago

Thank you all... We've had a good chat with our neighbour on one side of our property (the nicest chap in the world really) and he assures me it is nothing to worry about and that everything will be fine. Im starting to think that this is the Portuguese way (Its ok, dont worry, no problem). I have also been told that if there is a road between you and the next piece of land then that becomes out of scope. This is possibly the least detailed and logical I've ever been, but would seem the only way I can stay calm, enjoy the land and property is act like an ostrich, delight our neighbours and.... well.. stop worrying. A very odd and non-English way to act 🙂

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Posts: 10
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(@laguna_b)
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Joined: 6 months ago

Best news I have seen all day....congratulations and welcome to the neighborhood...(yours not mine that is)

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(@amethbrilliant)
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Joined: 3 weeks ago

It’s good to know this before moving to rural Portugal. We are an elderly couple from the US, but our children live in Portugal, and they want us to move there to be closer to them.
We would not like to create any inconveniences to our children and therefore decided to move to another house there. We are living in Baltimore now, and we would like to switch to a city for a rural area because it’s much calmer and cleaner there. Our house will be sold to a local building agency Flagship Builders because this way we would not have to pay a real estate agent and can get more money.
We hope this money will be enough to buy a small house in a Portuguese village.

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