Usufruct right over rustic property located in Stª Cruz das Flores - Azores

Usufruct right over the rustic property consisting of two farm outbuildings, arable land and uncultivated part, located in the parish of Santa Cruz das Flores, municipality of Santa Cruz das Flores, described in the CRP of Santa Cruz das Flores under no. 539, and registered in the land register under article 2265. GPS COORDINATES: 39.466858, -31.146900

The property is part of the area known as “Casa da Fazenda”, intended for local accommodation, and it has not been possible to define its boundaries.

Bidders are warned that requests to inspect the assets must be made at least 8 days before the auction closing date.

GENERAL RECOMMENDATION – ELECTRONIC AUCTIONS

• Before submitting a bid, you should check the condition of the asset, as it is sold in the physical and legal state in which it stands. The areas indicated serve only as a reference, as no exact measurements were taken on site. Before submitting bids, prospective interested parties must acquaint themselves with the qualities and characteristics and all other aspects they consider relevant, and any liability for its state of repair is disclaimed.
• Pursuant to no. 6 of article 833 of the CPC, the sale of a property in which urban construction has been, or is being, carried out, or of a fraction thereof, may take place in its current state, exempt from the licence of use or construction, the absence of which the competent authority for formalising the act records in the document, and it is the purchaser's obligation to legalise it.
• Pursuant to no. 1 of article 54 of Law 91/95, of 2 September, as amended by Law no. 64/2003, of 23 August, the execution of any acts or legal transactions that may result in the creation of co-ownership or an increase in the number of co-owners of rustic properties requires a favourable opinion from the municipal council of the location of the properties, which the purchasers must present.
• Once a bid has been submitted, it cannot be withdrawn.
• The value attributed to the asset for sale does not include the taxes due on the transfer, whether IMT, IS, VAT or other special taxes, and it is the purchaser's responsibility to present a declaration proving payment of these or that the transfer is not subject to them.

• Deposit of the price within fifteen days is MANDATORY. If the price is not deposited within that period, the Enforcement Agent may, with prior judicial authorisation, seize the assets of the bidder who wins the auction and fails to deposit the price - read carefully article 825(1)(c) of the Code of Civil Procedure.