A contract is an oral or written agreement setting out matters agreed upon by two or more parties with legal capacity (contractual parties). It is binding on the parties and governs their relationship for a specific purpose. In bilateral contracts, each party may demand that the other comply with its contractual obligations, whereas in unilateral contracts, one party may demand compliance by the other. In short, a contract is a voluntary agreement that creates “relative rights and obligations”, in other words it applies to the contractual parties and their right holders alone. As well as being a voluntary agreement, to be legally valid, some contracts require performance of other events or legal steps, such as a specific delivery (real contracts) or they must be set out in a special document (formal contract). In special cases, voluntary consent by the parties does not suffice.

A lawyer of PEÑALVER LAWYERS AND MEDIATORS in Alicante, will negotiate and draw up all kinds of real estate contracts, such as conveyance agreements, exchanges, leases, easements, guarantees, payments in kind, debt settlement agreements, etc.

We act for either buyer or seller in property transactions, performing searches to ensure that the property is free of charges, encumbrances and enforcement proceedings and that it is not subject to future development plans. We obtain certificates to this effect from all relevant organisations to ensure that the physical characteristics of the property coincide with those appearing in the property registry and cadastral books. In the case of “rustic land” , a lawyer in Alicante of Peñalver Lawyers and Mediators will check the status of utilities (electricity, water, etc) before the sale goes ahead. All these procedures are organised when the deed of sale is signed, with full control over the list of payments, deed or document proving title or ownership of the property and subsequent settlement of taxes, registry fees, cadastral changes, transfer of responsibility for electricity and water bills to the new owner when acting as the buyer’s representative, etc. and, generally speaking, all the necessary steps for buying or selling property in Spain.

In these cases, the objective sought is for the landowner or a holder of an easement or pre-existing registered or unregistered building to obtain a public deed testifying to the fact that buildings, new floors or improvements are planned or that building has commenced or has been completed by way of a “declaration of new works”. This is done to correct the title deed. Title to the property is then entered on the property registry, giving legal security to the new works. Our English speaking lawyers in Pinoso, Alicante also obtain certificates of first or second occupation and, generally speaking, all the documentation required for new constructions by processing utility connections on rustic properties.

Although it is common practice, homes and other buildings without licences are illegal, and can lead to legal or administrative proceedings, fines and/or penalties and even demolition orders to restore the property to its previous, legal condition. In the case of properties which can be legalised, we advise on how to do this.

Our office has more than ten years’ experience processing building licence applications and proceedings for legalising the planning status of existing buildings.

When the surface area stated in the deed is or its physical area does not coincide with that registered in the Property Registry.

Ownership proceedings are legal proceedings governed by the Mortgage Act. Their intention is to register property which has no registered owner. Under Spanish Mortgage Act, First Registration of Land is the process whereby property is registered for the first time in the property registry.

First registration is the beginning of the property’s legal history on the Property Registry.

• First registration: This is done to register property on the Property Registry for the first time by entering details of its ownership by the persons or persons bringing the first registration proceedings.
• Rectification of the registered area of property: This corrects the surface area of the property appearing in the Property Registry, perhaps because a mistake has been made in the past or because the specifics of the property have changed since it was registered.
• Resumption of an interrupted chain of succession: This occurs when the owner of property cannot register title because the previous owner did not register his or her ownership of the property.

Co-ownership proceedings.

Under Civil Law, this happens when property is owned by two or more parties. These types of proceedings are common when couples separate or divorce and have to divide their common or shared property or when legacies are shared among siblings… in fact whenever ownership of property is shared or when title over this property is transferred/assigned. The work consists of transferring ownership of a share of the property from one of the owners to another or others. This can lead to tax advantages and in circumstances where this is possible, it is always advisable to do this.

In these specific cases, a lawyer in Alicante of Peñalver Lawyers and Mediators will analyse the documentation and act accordingly to register rights over the property or bring ownership proceedings by rectifying the entry in the property registry.

We help foreign companies to establish themselves in Spain.