IN today’s article we want to share a recent judgment that we have obtained for a client, in which the court has recognised that she is the real owner of a property and not those who appear in the land registry as owners (alongside her).<\/p>\n
Historical<\/strong> Fact<\/strong><\/p>\n Our client was the co-owner, along with a couple, of a property on the Costa Blanca. 20 years ago they reached an agreement, whereby our client bought the half of the property that belonged to the couple, thus becoming the sole owner of the property, in exchange for taking over the remaining mortgage loan payments, local taxes, etc.<\/p>\n Unfortunately, this agreement was never signed, neither by way of a private contract nor before a Spanish public notary, and when the client contacted us with her problem, the vendors had already died.<\/p>\n Claim against sellers<\/strong><\/p>\n In this situation, our firm contacted the legal heirs of the sellers, who refused to recognise the sale made all that time ago to our client, and to transfer, on behalf of their deceased parents and as their heirs, the property rights owned by our client by signing of a public deed.<\/p>\n That being the case, we filed a court legal claim against the heirs of the sellers, in which we asked the court to declare that our client was the real owner, to ask the defendant to honour the agreement in a public deed, and register the entire property rights in favour of our client.<\/p>\n Our argument was based on the Spanish civil code (C.C.) which states: <\/p>\n\n