IN today’s article we want to share a recent judgment that we have obtained for a client, in which the court has recognised that she is the real owner of a property and not those who appear in the land registry as owners (alongside her).
Historical Fact
Our client was the co-owner, along with a couple, of a property on the Costa Blanca. 20 years ago they reached an agreement, whereby our client bought the half of the property that belonged to the couple, thus becoming the sole owner of the property, in exchange for taking over the remaining mortgage loan payments, local taxes, etc.
Unfortunately, this agreement was never signed, neither by way of a private contract nor before a Spanish public notary, and when the client contacted us with her problem, the vendors had already died.
Claim against sellers
In this situation, our firm contacted the legal heirs of the sellers, who refused to recognise the sale made all that time ago to our client, and to transfer, on behalf of their deceased parents and as their heirs, the property rights owned by our client by signing of a public deed.
That being the case, we filed a court legal claim against the heirs of the sellers, in which we asked the court to declare that our client was the real owner, to ask the defendant to honour the agreement in a public deed, and register the entire property rights in favour of our client.
Our argument was based on the Spanish civil code (C.C.) which states:
- Regarding the existence of the sale agreement, even if it was not in writing, Article 10254 of the C.C. applies that states that the contract exists since one or more people agree to be linked, between them, in order to give something or provide some service.
- As to the fact that our client had purchased the property and that said purchase was effective because the parties gave their consent, it is stated in Article 1450 of the C.C, that the sale will be effective between buyer and seller, and will be obligatory for both, if they have agreed on the object of the contract, and on the price, although neither of them has been delivered or handed over..
- Regarding the obligation to grant public deed of sale, Article 1280 applies, which states:
They must appear in a public document:
1.º The acts and contracts that have for object the creation, transmission, modification or termination of real rights on real estate. …
Judicial Sentence and Success
This week we have been notified of the court decision of the first instance court number 1 of Torrevieja, where our claim has been accepted, recognising our client as the real owner of the property indicated.
If you have purchased a house and have not been able to obtain a deed or escritura for it, or register it in your name at the land registry in Spain, because the seller has disappeared, or because you did not go to the notary at the appropriate time, you should know that you could claim for your ownership rights to be recognised, even if the vendors have disappeared. Contact us and we will help you.
The information provided in this article is not intended to be legal advice, but simply transmits information related to legal issues.
Carlos Baos (Lawyer)
White & Baos
Tel: +34 966 426 185
E-mail: info@white-baos.com
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