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. […]

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Documentation to sell a property in Spain.

Documentation to sell a property in Spain. What should you check before putting up the “FOR SALE” sign? Legal advice.

SUMMARY OF THE ARTICLE 1.- Selling in a rising market does not remove the legal risks. With property prices at record highs, many owners put their home on the market, and even sign a reservation contract, without knowing their exact legal situation. Not having the necessary documentation in place can cause delays or even put […]

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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 […]

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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 […]

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