Although many people are not aware of this, “possession” (as in tenancy or loan) does not necessarily mean ownership because it does not automatically transfer title.
One can possess something without being the owner of this item, through loan, rent, right of use.
A property can be acquired by purchase, by inheritance, or even by usucapio or acquisitive prescription.
¿But what happens in case two persons claim ownership of the same item?
Many histories are told about people who want to buy a property in Spain, and afterwards lose all their money, either because of a previously existing legal problem, or because in some later moment a legal conflict occurs.
It is a fact that during decades in Spain “everything was possible”. Thousands of houses were build without any kind of licence and paying bribes was considered normal.
Nowadays the Spanish administration is trying to correct these kind of practices, although unfortunately there still are many owners who at the time bought their property without being aware of any legal problem, and who now are victims of those past irregularities. If you are in this situation we can help you to limit the damage as much as possible.
On the other hand fortunately things have changed. Now control on property purchase aims to protect as much as possible interests of both buyers and sellers, and these kind of problemas can be avoided. All information of all real estate properties are available for public, either in the property register or in the town hall, but one has to know how and where this information can be obtained.
Therefore it is always recommendable to contract a lawyer, who for a small percentage of the purchase price can save you serious problems afterwards.
We can help you, investigate the legal situation of the property you want to buy, prepare the contract, apply for your fiscal number, accompany you to the notary, legalize the purchase in the register, pay the purchase taxes, and find an appropiate mortgage for you.
And in case you want to SELL YOUR PROPERTY we can help you with the contract, the signature in the notary, payment of plus-