POSSESSION AS OWNER AS A MEANS OF ACQUIRING PROPERTY Although it may seem strange that today there could be real estate properties that remain outside the dispositional sphere of a person for many years, it is true. There are many cases where the transfer of ownership of a property has not been properly handled, and eventually, the possessor who believes…
Common conflicts in the return of rental deposits At the end of a rental contract, the landlord is legally required to return the deposit received at the beginning of the agreement. This deposit is typically used to cover any damages to the property or outstanding expenses. Although this process should be straightforward and automatic, it can often become very complicated.…
URBAN LEASING PROBLEMS We are starting a new space that we are going to dedicate on our page to the problems that commonly arise in the application of the Urban Leases Law, focusing especially on those that have a greater number of cases in the Courts and Tribunals. No one is aware that, being one of the most widely applied…
Legal aspects of buying rustic properties in Spain The purchase of a property in Spain always requires special precautions for those who are not natives of the country, the first of which is to have independent legal advice. If we add to this that there is legislation on land in Spain, which is enforced by the Town Halls who must…
HOW TO CLAIM DAMAGES FOR DEFECTS IN NEW HOME CONSTRUCTION The delivery of a newly constructed home often presents specific issues that can manifest as defects in finishing elements or more severe damages or hidden defects. It is common for the buyer to follow up on the home before the deed is signed. Days before taking possession, the buyer checks…
The Arras Contract: Essential Aspects In current real estate transactions for the purchase of built housing, whether new or second-hand, this document has completely replaced the private purchase contract. The arras or deposit provided for in Article 1454 of the Civil Code has traditionally been a preliminary document that operated as a reservation document. Without specifying major features of the…
COMMON CASES IN COMMUNITIES OF OWNERS IN SPAIN. HORIZONTAL PROPERTY. We are inaugurating a section in which we are going to record the most frequent cases and questions that we are asked as well as cases that we have handled in this office and relevant sentences so that you can clear up or clarify doubts through this section. What to…
HORIZONTAL PROPERTY IN SPAIN (2ND PART) REPRESENTATIVE DEPARTMENTS IN SPAIN Law 49/1960 of 21 July 1960 on Horizontal Property establishes a series of minimum departments or organs that must exist in every Community, without prejudice to the possibility of establishing additional departments in the Community Statutes, but always of an obligatory nature, including those established by the Law. If you have…
HORIZONTAL PROPERTY Welcome to the first article in our series dedicated to a fundamental subject: horizontal property. In this series, we will explore in depth the various legal and practical aspects of horizontal property, starting with its context and development in Spain. Join us on this journey to better understand this crucial aspect of real estate law. HORIZONTAL PROPERTY IN…
CONVERSION OF PREMISES INTO RESIDENTIAL DWELLINGS IN SPAIN The reality of many premises closing due to cessation of activity in Spain has led owners to convert them into residential dwellings, making the most of their premises, often without much of a commercial outlet. This is a reality that is becoming more and more common, and to explain this phenomenon from…
