Guides · Records, areas and BUPi
The area in the deed is wrong: what it means and how it is fixed
By Carla Maria Marques, Portuguese solicitor (solicitadora)
November 2026 · 3 min read
You walk the boundaries with the agent, and the plot feels bigger, or smaller, than the documents say. Then you notice that the Land Registry, the tax record and the listing all give different figures.
This is one of the most common issues with rural property in Portugal. Many areas were recorded decades ago from the owners’ own estimates, long before GPS and modern surveys, and were never checked again.
A wrong area is rarely a reason to walk away. But it is always a reason to stop and find out what you are really buying before you pay a deposit.
When a difference matters
Not every difference is a problem, but some are serious. Ask yourself three questions.
Is the price based on the area? If you are paying per square metre, or the value depends on the size of the land, a wrong area means a wrong price.
Does the area affect what you can do? Building rights, farming plans and some licences depend on the size of the plot. A smaller real area can mean you cannot build what you planned.
Is the problem the area, or the boundaries? Sometimes the figure is wrong but everyone agrees where the plot begins and ends. Other times, the difference hides a real disagreement with a neighbour about who owns a strip of land. The second case is far more serious.
How to find out the real area
A survey helps establish the area of the perimeter being measured. That perimeter must be compared with the titles, cadastral information and any competing claims, including:
- the area and description in the Land Registry;
- the area in the tax record;
- the boundaries in the cadastre or in BUPi, where they exist;
- the walls, fences and markers on the ground, and what the neighbours recognise.
These checks help distinguish an old measurement error from a genuine boundary or ownership dispute. A survey alone does not decide who owns disputed land.
How the area is corrected
There is no single procedure. The right route depends on the size of the difference, on which records are wrong and on whether the neighbours agree.
| What is wrong | How it is usually fixed |
|---|---|
| Tax record only | Updating the description at the Tax Office, supported by a technical survey |
| Land Registry | An update or rectification under the Land Registry Code, depending on the discrepancy and evidence; statutory tolerances do not authorise occupation of a neighbour’s land |
| No reliable map of the plot | Identifying the plot through BUPi or a cadastre procedure, so the boundaries are officially recorded |
| Boundary dispute with a neighbour | An agreement on the boundary, formalised and registered, or as a last resort a court case |
Who should fix it, and when
Before the sale, correcting the records is normally the seller’s responsibility, and it can be written into the promissory contract as a condition for completion. Alternatively, the price can be adjusted to reflect the real area and the cost of the correction.
After the sale, you may have to arrange the correction and preserve evidence for any claim against the seller. Completing the purchase does not automatically remove those rights, but time limits may apply.
Area problems are our speciality
Area discrepancies need both legal and technical analysis: identify the perimeter, the source of the error and the correct procedure before changing the records.
At MGPS International, our team brings together a solicitor and a cadastral technician, working within the qualifications required for each cadastral procedure. That means we can:
- compare all the records with the plot on the ground and explain the gap in plain English;
- tell you whether it is a simple update or a boundary issue;
- build the correction into your promissory contract, or help you negotiate the price;
- carry out the correction procedures ourselves, before or after the purchase.
Found a property where the numbers don’t add up? Request a property check. Send us the listing or the documents you have, and we’ll tell you what the difference means and what it would take to fix it.
This article is for general information only and is not legal advice for any specific case.
About the author
Carla Maria Marques
Portuguese solicitor (solicitadora), MGPS International
