LEGAL PROTECTION OF THE RIGHT OF A PROPERTY’S VIEWS

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Any owner registered in the Land Registry can take legal action to compel someone to carry out works needed to remove an obstruction to the view from their property so as to restore things to their prior condition before the disruption occurred

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OBLIGATIONS OF A SPANISH COMPANY COMPANY DIRECTOR (ADMINISTRADOR)

Depositphotos_12884114_s-2019Anyone who is a director of a Spanish limited company has certain legal obligations (which is why the director is required to accept the position) and is therefore liable for its acts and omissions when they in any way damage the company itself, its partners or creditors, the three most significant interests for which the Spanish juridical system provides greater levels of legal protection.

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THE DELIVERY OF A PROPERTY THAT IS DIFFERENT TO THE ONE CONTRACTED IN AN OFF-PLAN PURCHASE.

Any off-plan purchaser can take legal action

BREACH OF CONTRACT red stamp textthat requires the vendor/promoter to cancel the off-plan purchase contract if the finished property does not significantly match what was described in the contract or promotional publicity, said legal action seeking the return of stage payments and fees, with interest.

Continue reading “THE DELIVERY OF A PROPERTY THAT IS DIFFERENT TO THE ONE CONTRACTED IN AN OFF-PLAN PURCHASE.”

INHERITANCE & GIFT TAX UPDATE

Planning Law legal conceptSpain’s autonomous communities have devolved powers to legislate in certain tax matters. In the case we are examining here, that of inheritance and gift tax, the Canaries enjoys certain tax benefits for children and spouses that are greater than in other autonomous communities, specifically:heirs belonging to groups I and II (spouse, parents and children) are granted a 99.9% discount of the tax payable on lifetime gifts (“inter vivos”) provided that the donation is formalized in a notarial deed.
Spouses, descendants and adopted children also enjoy a 95% reduction on the net value of elements of a business or professional activity developed by the donor, provided that a series of requirements are met. Continue reading “INHERITANCE & GIFT TAX UPDATE”

WHAT TO DO WITH A SIGNED LONG-TERM CONTRACT WHEN FACED WITH AN UNFORESEEN CHANGE OF CIRCUMSTANCES AFFECTING COMPLIANCE WITH ITS TERMS

3d man business man signing on a blank documentLet’s imagine, for the sake of argument, that you have signed a long-term contract which established obligations or provision of long-term services, and suddenly you find your circumstances changed dramatically (eg. death of the person who had to provide the contracted services) … even a global economic recession .. or indeed any circumstances that are extremely burdensome on one of the contracting parties (terminal or chronic illness), then there exist exceptional legal grounds for annulling a clause in the contract (the usual procedure) or even the termination of the contract itself by means of the “rebus sic stantibus” clause. This legal remedy should be used sparingly. Continue reading “WHAT TO DO WITH A SIGNED LONG-TERM CONTRACT WHEN FACED WITH AN UNFORESEEN CHANGE OF CIRCUMSTANCES AFFECTING COMPLIANCE WITH ITS TERMS”

HIDDEN FAULTS OR DEFECTS IN PROPERTY PURCHASES

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Hidden problem after purchasing a property

This article considers the legal procedures which protect buyers when they purchase a property with serious faults which were concealed by the vendor when the property was transferred at notary. Continue reading “HIDDEN FAULTS OR DEFECTS IN PROPERTY PURCHASES”

BANNED AND ILLEGAL ACTIVITIES IN COMMUNITIES OF OWNERS

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Problems in neightborhood

What should we do in the case of a resident in a community of owners who is carrying out in a dwelling activities that are either disturbing other residents, banned in the Statutes, or are even illegal? Continue reading “BANNED AND ILLEGAL ACTIVITIES IN COMMUNITIES OF OWNERS”

TAXATION OF VIVIENDA VACACIONAL (PRIVATE HOLIDAY RENTAL) PROPERTIES

For Rent Real Estate Home Rental House SignGiven the numerous enquiries and questions received in respect of Decree 113/2015, of May 22, which approved the regulation of holiday homes in the Autonomous Community of the Canary Islands (BOC No. 101 of 05/28/2015), the Canarian Tax Authorities have announced on their website that a vivienda vacacional rental (defined as a temporary holiday let to someone in exchange for money and which has been advertised in tourism-related channels) is an activity subject to, and not exempt from, Canarian Indirect General Tax (IGIC).  Continue reading “TAXATION OF VIVIENDA VACACIONAL (PRIVATE HOLIDAY RENTAL) PROPERTIES”

7 FREQUENT MISTAKES MADE WHEN RECLAIMING RENT ARREARS

Depositphotos_13434958_s-2015Today I am going to explain the mistakes commonly made by landlords when reclaiming rent arrears themselves, i.e. without a lawyer or legal clerk, since the law allows this whatever the debt might be. Read the following carefully and, of course, take steps to avoid repeating them.  Continue reading “7 FREQUENT MISTAKES MADE WHEN RECLAIMING RENT ARREARS”