Spanish Property LawUpdated on Monday 18th April 2016
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The Spanish property law governs all aspects regarding the sale or purchase of real estate, the relationship between the tenant and the landlord and issues like inheritance once the property is passed on to another individual.
Spain governs real estate issues through certain articles of the Civil Code as well as through the Horizontal Property Law, an act that is useful in property ownership cases, real estate and urban planning. According to this law, buildings that are divided by floors have two types of rights attributable to them: singular ownership right on individual apartments and a collective right on inseparable and inalienable property, for the common elements of the building.
Our law firm in Spain can help you buy property in the country observing all the rules and regulations for this matter.
Buying property in Spain
A lawyer in Spain can help you before the actual property purchase by making sure that the contracts signed with the landlord are accurate and the characteristics of the building are the same as those in the title deed.
Any property needs to be registered with the Spanish Land Registry and also at the Cadastre. After the registration, a title deed is issued in the name of the owner. In case of property sales, the new owner must register himself as the proprietor in order to have ownership rights over the property.
A lawyer can help you make this ownership transfer. As the new owner you will also need to observe the tax rules for property and/or for income from rental activities.
Property inheritance in Spain
The inheritance law in Spain does not differentiate between foreign owners or inheritors and native ones. The laws governing the will in which the property is passed on can determine the manner in which real estate property is distributed among the heirs. This means that foreigners can draw up wills that will be enforceable in Spain according to the laws of his/her country. However, the foreign jurisdiction can refer the inheritance issues back to Spain.
Legal beneficiaries in Spain include children and their descendants, parents, widows. Beneficiaries are usually granted the same portion of the inheritance. Different rules apply to widows according to their legal relationship to the deceased individual.
For more information about the property law in Spain as well as legal assistance and counselling for matters related to real estate you can contact our law firm in Spain.