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Property rights

Designed for people thinking of purchasing property in Spain and the ensuing legal processes associated with living in or using the property.
The most common processes that our office handles are:

  • Reports on legal status prior to buying real estate in Spain
  • Information on urban conformity prior to investment
  • Assistance and advice on notarial and registral formalities, and all matters related to tax assessment. Form 210 for non-resident declaration and the fees and taxes of various bodies, such as the Town Hall, the National Agency for Tax Administration (AEAT) and SUMA.
  • Verification of operating and construction licences relating to land or businesses.
  • Drafting agreements for deposits and private sale.
  • Drafting rental contracts for housing or business premises
  • Advice on leases, and legal advice and conflict solution between owner and tenant at rental contract end
  • Assistance with associations for owners and neighbours.
  • Legal advice on boundary conflicts (property limits), rights of way, lights, water, rights of usufruct, conflicts in the property or joint-ownership communities, etc.
  • Complete guidance on everything related to real estate, whether urban or rural.

REAL ESTATE SALES

In recent years Valencia has become one of Spain’s most attractive destinations for foreign investors. The typical investor profile is someone who wishes to invest their savings in well-situated real estate for renting out as well as for a second home.

At De La Guía-Luzón Lawyers, we supply our experience to foreign and domestic investors for verifying the legal conformity of their purchases, from the contractual and urban point of view as well as the financial one. Our job involves anticipating problems in order to provide solutions.

RENTALS

Although questions on urban rentals initially seem straightforward, drafting a contract that complies with the intentions of all parties and is balanced in its interests requires particular understanding of the Rented Property Law and the intepretation that judges make of its rules.
Even so, we still encounter conflicts arising from abuse or misinterpretation of the Law, sometimes owing to rental deposit refunds or, in this pandemic year, by the application of the “rebus sic stantibus” concept.
In these cases, our know-how, protected by lawyers with over 25 years’ of court experience, is at your disposal.

RIGHTS IN REM AND LAND REGISTER

Rights in rem are not confined to the property or rental. The constitution or negation of rights of way, to lights or water, rights of usufructo, joint ownership and its division are the types of matters in which we can offer assistance and advice.

HORIZONTAL PROPERTY

Unlike the rest of the EU, most Spanish people tend to live in horizontal property buildings. Relationships within a community are always complex as it is necessary to differentiate between privately used and communal areas, as well as the different rules between buildings as far as the Law permits, such as dealing with misuse by any co-owners, the president’s roles, the assembly, and the property manager.

Our office offers advice on the issue and possibility of acting in your name at the assemblies, if necessary. And of course, we are available to defend your interests in the event of any conflict.