Preparation of georeferenced GML or XML plans to be submitted to a notary, property registry or cadastre.
These plans are necessary whenever there is a deviation between the boundary or dimension data of a property in a deed, property registry or cadastre, as well as for all new construction works.
Georeferencing a plot is a technique that allows it to be uniquely located in space, that is, it gives it a unique geographic location, defined by geographic coordinates in a given system. These coordinates allow the boundaries of the plot to be marked on the ground again.
This is expressed by including its reference system, its projection system and its coordinates. In the case of Spain, the official reference system is known as ETRS89 and the projection to be used is called UTM. Both together are known as a coordinate system. Once the coordinate system is known, the X,Y points of each of the vertices of the plot must be expressed in reference to said coordinate system.
A GML file is a file whose content is expressed in the GML (Geography Markup Language) standard. It is a sublanguage of XML described as a grammar in XML Schema for the modelling, transport and storage of geographic information. Its importance lies in the fact that at the computer level it constitutes a lingua franca for the management and transfer of information between the different software that make use of this type of data, such as Geographic Information Systems.
It is a graphic representation that differs from the graphic representation contained in the descriptive and graphic cadastral certification of a property, since the owner understands that it does not correspond to physical reality. It is a georeferenced plan, which precisely delimits the plot on which it is located, by means of the expression of the geographic coordinates corresponding to each of its vertices, referred to the official geodetic system and which must be prepared in computer format.
The RGA refers to a plot, which is defined as the portion of land that delimits the geometry of the property rights of one or several undivided owners. Several constructed real estate properties may exist on the same plot. In these cases, the RGA of said properties will refer to the plot on which they are located.
The preparation of an alternative graphic representation can be carried out by a competent technician, by a public authority or by any interested party.
The Cadastre recommends that the RGA be carried out by a COMPETENT TECHNICIAN, preferably the one who was involved in the drafting of the plans.
During the sale of a property, if you are the owner, you must identify at the notary’s office which properties are the subject of the sale. To do so, you will need to bring the cadastral reference of the properties. The notary will ask you for the cadastral certification and the declaration that the description of the property corresponds to its reality. If this is not the case, a process of updating the cadastre must be initiated.
Whether because discrepancies need to be corrected or because some alteration needs to be incorporated into the land registry, an alternative georeferenced graphic representation will be necessary.
At ESTOP we can help you to carry out this graphic representation, with the delivery of a georeferenced plan and a computer file that will then be validated at the electronic headquarters of the General Directorate of Cadastre.
The land registry will issue a validation report, indicating that it now corresponds to the reality of the property. If the procedure with the notary is successful, the information is sent to the land registry so that it is updated in the registry and incorporated into the deed of sale.
This deed is then submitted to the land registry requesting its registration. At this point, the registrar must check the validity of the graphic and descriptive certification of the land registry, assess the correspondence of the plans with the reality of the property, following the criteria of the law and process the corresponding registration procedure.
The graphic plan of the property can be registered in the property registry without the need for a notary, but to do so you must provide the descriptive and graphic land registry certification or an alternative graphic plan that has previously been validated by the land registry. You must also provide the description of the property according to the property deed, adding the validation of the owner of the property, in the event that it is not you.
Then, once the revised cadastral graphic representation has been registered, the property is graphically coordinated with the cadastre and from then on, it is understood that the location data, the limitation and the surface area of the property are correct.
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