Do you think that your property in Spain could be legally at risk?


QUICK SEARCH OF THE LEGAL SITUATION OF YOUR PROPERTY IN SPAIN AT THE LAND REGISTRY IN ORDER TO ASCERTAIN WHETHER:

  • Your property is correctly registered in your name at the Land Registry.
  • You have defaulted on your mortgage and the legal process leading to foreclosure and subsequent auction of the property has started, whether as a result of non-payment or otherwise.
  • The property is registered in your name alone or jointly with your spouse or any other person.
  •  Any lien has been noted on the Register as a result of a debt (e.g. an unpaid tax).
  • A third party has entered any claim on or affecting the property in the course of a court proceeding.
  • Etc.

The Land Registry in Spain is an official publicising body which has legal effect before third parties in respect of real property, property holders and rights created over, or liens placed on, such properties. Please find in the “Legal Advice” below a brief explanation of the operation and effect of the Land Registry.

In order to ascertain the legal status of your property as published at the Land Registry, Lizarza Abogados can, at a very low price, provide you with a “Property Survey Sheet” regarding the inscription of your property at the Registry and a brief explanation of its legal signification (e.g. whether the property registered in your name alone or in the joint names of yourself and your spouse; where there is a mortgage on the property, whether a mortgage foreclosure process has been noted as a result of failure to meet any monthly repayment; whether a lien has been placed on the property owing to non-payment of any tax or to claims filed by third parties through the courts, etc).

TOTAL COST OF THIS SERVICE 

(including the € 10.91 cost of a (1) Nota Simple – Register extract – from the Land Registry of and  our fees + VAT):               € 25.34 (total)

BY CLIKING HERE YOU WILL ACCESS TO THE APPLICATION FORM TO VERIFY THE LEGAL STATUS OF YOUR PROPERTY AT THE LAND REGISTRY, BUT DO NOT SEND IT UNTILL YOU HAVE READ THE LEGAL NOTICE BELOW.

CLICK TO APPLICATION FORM 

 

LEGAL INFORMATION

ABOUT  THE LAND REGISTRY

The Land Registry is an official institution created to protect and guarantee real property and real property owners’ rights in Spain.  It is fundamentally intended to make public the current situation of certain properties (such as plots of land and buildings of any kind) and the rights created in respect of such properties, as well as the owners thereof or any liens placed on the properties in favour of third parties.

Registration of properties, rights and liens on them and of their owners is almost always voluntary, but if the registration takes place, it has the effect of providing protection against third parties insofar as the reliability of this information is presumed.

Consequently, the Land Registry is the basic and most effective institution for protection of rights related to, and over, property in Spain, and its use is widespread.

If you are going to purchase a property or a right over a property in Spain, you will need to ensure that it is registered with the Land Registry, that there are no existing liens on it (such as seizure orders, prohibitions to dispose, embargoes – mainly of a fiscal nature – etc) or that there is no litigation concerning the property or ownership of the property. Once the property is yours, account must be taken of the fact that there may be liens on it such as seizure orders in respect of unpaid taxes by its owner or third party claims to rightful ownership, or if you have simply taken out a mortgage to secure a loan in favour of a bank, you may check with the Registry whether the process which may result in the property being put up for auction in the event of total or partial non-payment of the loan has commenced.

If you have defaulted on any mortgage payment, you must take the precaution of ascertaining whether the mortgage foreclosure process has started in order to take appropriate steps.

The Register does not necessarily contain all the information concerning the situation, liens and claims on your property but it does reflect the most important or usual details, which will in any event be the basis for your knowledge of the current situation to be ample enough to allow you to arrange for your rights to be defended as effectively as possible.

Based on the information obtained from the Land Registry, Lizarza Abogados will briefly explain to you the implications of the situation of a property and the possible steps which ought to be taken in defence of your rights.

ABOUT ELECTRONIC COMMERCE.- The applicant can note in the application their opposition to receiving  advertising or promotions about the services of Lizarza Abogados by ticking the corresponding box or by sending an e-mail to info@lizarza.com

PERSONAL DATA PROTECTION.- The data thus obtained or provided shall be stored and processed in the client files owned by Lizarza Abogados S.L.P. for communication purposes and to fulfill the client’s requests and send the requested information and any other information concerning its services which Lizarza Abogados S.L.P. shall deem expedient from time to time. The user may in their communication indicate that they do not wish to receive any information other than that strictly requested therein. The user has the right at no cost to access and consult the aforesaid files insomuch as of concern to them and to exercise the rights of amendment, cancellation and opposition. To contact the persons in charge of the said files, please write to info@lizarza.com.

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