SPECIALIST ON PROPERTY AND CONSTRUCTION LAW
pecialty of great importance constituting its object of regulation, assets that in the socioeconomic reality and in the personal sphere of people have great importance, real estate in its most varied manifestations (housing, single-family housing, bungalow, office building, commercial premises, tourist apartment, etc).
Real Estate, Construction, Building, Housing, Urban Planning, always refer to the same quality, the property or building.
Our team of lawyers has a wide experience in Property Law, both out of court and in court.
In the facet of advice we have been standing out for years advising customers in the proceedings of property purchases or of any type of property. We advise our customers from the beginning of the operation to its end, assisting them in their relationship with the Real Estate Agency, Developer or private seller, throughout the whole process of the purchase, including the moment of recording the mandatory deed of purchase at the notary and until the registration of the property at the Property Registry. Why hire Carlos Baño León
In the facet of drafting and reviewing all types of real estate contracts, whether private or public, we assist our clients in Notary when the documents have to be recorded as public.
In this branch of Law, there are important legal institutions/bodies such as property, possession, community or co-ownership, usufruct, lease, real rights, mortgage, etc., and all of this is a matter of knowledge and daily work on our part, not only in the extrajudicial aspect but also in the judicial one.
In the judicial field, our lawyers specializing in real estate have a great deal of experience in assisting our clients in the Courts and Tribunals with claims that have to do with any of the aforementioned legal institutions in relation to housing, building, etc.
Our experience in legal claims of all kinds against developers and builders is remarkable, with very important results, both in real estate law and construction law.
As regards real estate law, although it is rather typical of urban planning law, there are figures which, although studied by administrative law due to their relationship with property law and therefore with real estate law, are also dealt with in this office.
We act before Local Corporations and other Public Bodies in everything related to housings and other buildings, reason why we are competent in matters of Permits, programs and urban planning; as well as in matters of expropriations.
In the field of Building Law we assist our clients, who are home buyers, not only judicially when it comes to defend their rights at Courts and Tribunals, but also we previously during the building period or even trying to act as mediators in order to avoid a judicial conflict. Normally, when a client shows us his problem we immediately get in touch with the participating architects in order to know firsthand what happened and if that does not satisfy us, what we always do is to resort to an independent Technical Architect, to whom we will request the mandatory expert reports that will serve then to negotiate with the insurance companies or as fundamental expert evidence in case of attending the Courts. Within this scope of action, it is very important our work along with insurance companies, having always the aim of reaching profitable agreements for the clients in the field of ten year liability for damages.
Although this list is not exclusive, we detail some of the most frequent legal actions in Courts and Tribunals in which our real estate lawyers have professional experience supported by results:
Ownership or property rights; Rights in rem; Possession and Protective Actions; Co-ownership or Joint tenancy; Housing Associations; Division of commonly-owned goods; Easements; Usufruct; Real estate purchase; Real estate contract fulfillment claims; Nullity of purchase and donation deeds; Demand of guarantees deposited in purchases; Touristic apartments; Timeshare; Forced expropriation; State of insolvency and purchases; New construction; Condominium; Real estate leasing; Capital Gains Tax; Claims derived from the urban leasing contract; Claims derived from the Horizontal Property Law; Claims derived from the Right of Mortgage; Claims for construction damages and hidden defects; Claims for damages due to defective constructions (Developer, Builder, Architect, Technical Architect and other experts); Claims derived from the implementation of construction contract; Claims to insurance companies for housing policies.
Consult our articles, news and reviews of judgments/sentences published below and on this specialty.
NEWS AND SENTENCES
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