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Planos sobrepuestos

Also called Overlapping survey plans, overlapping plans

Two survey plans covering the same ground. The plan you bought was drawn on top of one that already existed, and both are on record.

What it means when you are buying

This one surfaces late. You complete the purchase, you start building, and someone arrives holding an older plan that covers the same ground.

It shows up in financing too. Land is mortgaged against the newer plan, and the holder of the original appears when the bank moves to take it.

Why the registry does not catch it

The Registro Público tells you what is recorded. It does not tell you whether the recorded boundaries match the land you walked.

Only a surveyor on the ground answers that. It is why a survey is a separate line item from the registry check rather than part of it.

Where it happens

Mostly on rural and coastal land that was farmed or occupied for generations before anyone needed a registry entry for it.

Frequently asked questions

Will the registry check catch overlapping plans?

No, and this is the point people miss. The registry tells you what is recorded. It does not compare the record against the ground.

What actually protects me?

A survey on the ground, commissioned as a separate line item from the registry check and read before you release the deposit.

Does this affect apartments?

Rarely. City apartments sit inside a registered building under a horizontal property regime. The risk lives on land.

Sources

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