22 Aug 2016: Cancellation of the mortgage over your property in Spain

With these few lines we intend to inform you on the steps to be carried out by yourself, to formally cancel a mortgage loan which has already been paid in full. Make sure the bank signs the Title Deed that cancels the mortgage in Spain! After the settlement of the debt with your bank,

Wim Lamers
Lawyer in Spain, Lawyer Marbella, Lawyers in Marbella, Property Lawyer in Marbella, Spanish law firm,

22 Feb 2016: Community of property owners in Spain. Regime of private real estate developments (art. 24 Horizontal Property Act)

This blog came from a query made by a client, a homeowner who is part of a Spanish community of owners, with the particularity that each house has small garden plot and relief. At the last Annual General Meeting was agreed that the Community of owners may carry out maintenance works and repair of

Wim Lamers
Lawyer in Spain, Lawyers in Marbella, Property Lawyer in Marbella, Spanish law firm,

09 Feb 2016: Appeal to the agreements of the community of owners in Spain

Appeal to the decisions taken at the meeting of a community of owners in Span. In the event that you consider that your interests could be injured, you should be aware that you can present an appeal against an agreement adopted in the Board of proprietors of the Community, provided that the following circumstances appear:

Wim Lamers
Law in Spain, Lawyer in Spain, Lawyers in Marbella, Property Lawyer in Marbella,

18 Jan 2016: The liabilities and legal actions against Directors of a Spanish S.L. Company

Article 241 bis of the Spanish Companies Law (Ley de Sociedades de Capital ) states that the action of liability against directos and or administrators, social or individual action, expires in four years from the day that would have been able to be exercised. Such action, when a damage caused by acts or omissions contrary

Wim Lamers
Law in Spain, Lawyer in Spain, Lawyers Costa del Sol, Lawyers in Marbella, Start a company in Spain,

11 Jan 2016: The minimum interest rate charged on a mortgage in Spain (Cláusula suelo)

Below we briefly and simply explain everything concerning the minimum interest rate charge on a mortgage in Spain. The so known “Cláusula suelo” The so known “Cláusula suelo”, in relation with the mortgage loan and the property purchase by mortgage, is a contractual clause stipulating a minimum payable to the bank although the ordinary interest

Wim Lamers
Lawyer in Spain, Lawyers in Marbella, Property Lawyer in Marbella, Spanish law firm,

08 Jan 2016: New Spanish coast regulation and its application in seconds and subsequent transfers of properties, in cases of new registration of properties in Spain and differences in measurements

In relation to the second and subsequent registrations at Spanish Land Registry on properties that intersect or those that are lining arround the maritime-terrestrial public domain, please find as follow a number of rules that the owners should take into account (notes to article 36 of Spanish coast legislation): – In Spain, if a

30 Nov 2015: Down Payment or Deposit (arras) in the Spanish purchase agreement

Nowadays most people that grant a purchase contract in Spain, know or have a general concept of the DOWN PAYMENT, but few people know that there are three different types of deposit which have each one different legal considerations according to whether we sign one or the other, so it’s important to know what you

Wim Lamers
Lawyer in Spain, Lawyers in Marbella, Property Lawyer in Marbella, Spanish law firm,

09 Nov 2015: Spanish Law 24/2015, of July 24, on Patents

Following general guide of the main points approved in relation with this law in Spain: – Given the number of affected provisions and the nature of the changes since the previous Law 11/1986 on Patents, not just enough a simple partial reform as to date. – In 1986 all patents were granted by national route. Today we are

26 Oct 2015: Changes in the law which rules the guarantees for payments on account of the price during the construction of a property in Spain

(Please check our blog “Insurance for payments on account at the time of the purchase of a property in Spain”) Law 20/2015, of July 14, management, supervision and solvency of insurers and reinsurers, has amended the Law Construction Planning in relation to the rights of individuals in the anticipated amounts paid on account during the

Wim Lamers
Law in Spain, Lawyer in Spain, Lawyers in Marbella, Property Lawyer in Marbella,

20 Apr 2015: The consolidation of the domain for extinction of usufruct in Spain

There are situations in which a property, for different circumstances, is registered at the corresponding Spanish Land Registry, divided between “bare ownership” and “usufruct”. Definition of the usufruct in Spain. The Spanish Civil Code defines the usufruct as the right to enjoy the goods of others with the obligation to keep its form and substance,

Wim Lamers
Lawyer in Spain, Lawyer Marbella, Lawyers in Marbella, Property Lawyer in Marbella, Spanish law firm,

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Cancellation of the mortgage over your property in Spain