Law firm in Spain. Litigation and Real Estate experts. Penalty clause in a sales contract. Hotel sale. Supreme Court ruling. New Success.

New Success. We won a Supreme Court case about a penalty clause on a purchase contract of a hotel. Successful Court Decision Nets Client €700,000. Modification of the penalty.

Law firm in Spain. Litigation and Real Estate experts. Penalty clause in a sales contract. Hotel sale. Supreme Court ruling. New Success. […]

Read More…

Regain possession of land. New court success.

Regain possession of adjoining land. Possession and Ownership. Spanish Civil Code. New Court Success.

SUMMARY OF THE ARTICLE 1.- Possession and ownership are not the same. Spanish Civil Code. In Spain, the law protects whoever is actually using a piece of land against acts of dispossession, regardless of who actually owns it. In other words, if your possession is disturbed, you can reclaim it quickly, without first needing to […]

Read More…

Right of way. Can you claim it over time?

Right of way. Is it possible to obtain this right through the simple passage of time?. Legal advice.

SUMMARY OF THE ARTICLE 1.- Can the passage of time create a right of way? A right of way is classed under the Civil Code as a discontinuous easement. This means that, in principle, it cannot be acquired through the simple passage of time (usucapion), unlike other types of easements. 2.- Tolerance and a right […]

Read More…

Reinvestment exemption. Buying before selling your home.

Reinvestment exemption. What happens if you buy your new home before selling the current one?. Legal advice.

SUMMARY OF THE ARTICLE 1.- What the reinvestment exemption is. It allows the capital gain obtained on the sale of your main home to go untaxed under Personal Income Tax (IRPF), provided the amount is reinvested in a new main home within a two-year period. 2.- What happens if you buy before you sell. The […]

Read More…