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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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 […]

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Purchase contract termination. New Court success.

Purchase Contract Termination. New Court Success. Property Purchase in Spain.

SUMMARY OF THE ARTICLE 1.- Purchase contract termination and Article 1504 of the Spanish Civil Code. In property transactions in Spain, a breach by one party does not automatically terminate the contract. The Civil Code requires the seller to formally notify the buyer of their intention to terminate before taking legal action. Without that prior […]

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