Deeds in Ecuador: boundaries by one point and measurements, or the georeferenced plot

Some deeds describe the plot with one point and some measurements, others with the coordinates of the whole plot. What the difference is, the risks, and what to check before you buy.

Before you buy land or a house in Ecuador, look carefully at how the deed (escritura) describes the plot. Not all deeds do it the same way, and the difference can cost you square metres, money or a dispute with the neighbour.

What a deed says about the plot

The public deed describes the property: where it is, its area, its cadastral code and its boundaries (linderos). There are two very different ways of describing those boundaries.

Type 1: one point and some measurements

Many deeds, especially old ones, rural plots and inheritances, describe the plot with measurements and neighbours: "North: 20 metres with the property of Juan Pérez; South: 20 metres with the street; East: 35 metres with..." Sometimes a single reference point is added, for example a coordinate in the centre or at one corner, with distances from that point.

The problem is that this doesn't fix the plot on the map:

• The real shape can differ: a rectangle, a trapezium or a crooked figure all fit the same measurements.
• It isn't clear exactly where the plot starts and ends, so the description can overlap with the neighbour's.
• The neighbours named in the deed may have changed years ago, and references ("along the stream", "the old road") may have disappeared.
• The area in the deed often doesn't match what is measured on site.

Type 2: the complete, georeferenced polygon

More recent deeds and properly regularised plots are based on a georeferenced survey (levantamiento topográfico georreferenciado): a surveyor measures the plot and gives the coordinates of every vertex (corner), usually in UTM with the WGS-84 or SIRGAS datum. That defines the plot over its entire surface:

• Shape and area can be calculated and checked.
• You can see the exact plot on a map or in the cadastre, and mark it out on site.
• Overlaps with neighbours show up before you sign.

Many municipalities and notaries already ask for such a survey to sell or register a plot, and municipalities require it to correct boundaries and measurements: Guayaquil, for example, asks for a georeferenced survey with UTM coordinates for a boundary correction.

When the real size doesn't match: surplus and shortfall

If the plot turns out bigger than the deed says, there is a surplus (excedente); if it is smaller, a shortfall (diferencia). Ecuador's territorial code (COOTAD, art. 481.1) lets each municipality set, by ordinance, an acceptable technical measuring error and the procedure to regularise.

• Within that margin, the difference counts as a measuring error. Paute, for example, accepts 10% on urban plots up to 1,500 m².
• Beyond the margin, the surplus is regularised at the municipality, and many ordinances charge the owner for the extra metres.
• If the plot is smaller, you paid for metres that don't exist.

That is why a plot with a type 1 deed can come with an extra procedure and cost after the purchase.

What to do before you buy

1. Ask for the deed and the certificate of encumbrances (certificado de gravámenes) and look at how the boundaries are described.
2. Order a georeferenced survey if the deed doesn't list the coordinates of every vertex. It usually costs a few hundred dollars for an urban plot: little compared with the price of the land.
3. Compare the survey with the deed and with the municipality's cadastral record: area, shape and boundaries.
4. Walk the boundaries with the seller and, if you can, with the neighbours: walls, fences and markers should match the plan.
5. Put it in writing in the promise of sale: the price for the measured area, who pays the regularisation if there is a surplus, and what happens if land is missing.
6. Have your own lawyer check everything before you sign.

In short

A deed with one point and some measurements isn't necessarily bad, but it doesn't tell you for certain which land you are buying. A deed with the georeferenced polygon does. If the plot you like has a deed of the first type, have it measured before you buy.

Find plots on EcuaNido under Land and see the steps of a purchase in our buying guide. This article is for information and doesn't replace a lawyer's advice: ordinances differ from one canton to another.