I bought property in Spain in March 2004. I read the books, followed guidelines, went through estate agents, got a recommended solicitor. 6 months later I found out that my parking and access belong to someone else. I actually purchased more land than I originally wanted, because I was told it was the only way I would not have to share the access in the first place. I have been trying on my own to sort this out since July and I am getting brick walls and blank faces. Has anyone out there had a similar problem? I am learning Spanish but its not good enough yet to tackle Notaries etc. People said I was brave when I sold up, quit a good job to follow my dream on my own. I don't feel so brave now!
Thanks for your reply. I went through an agency on the Internet who are English and they are not helping. I also still have the same Spanish lawyer who speaks some English and was meant to be helping but has suddenly stopped replying to any communication from me. I went to a second company of lawyers who on my first visit mentioned the words fraud and negligence, but then I was called to see her senior, who spoke no English but I was told they could not help in the end. I have done quite a lot on my own so far but still cannot find out if I have any rights at all over this. I have even tried twice to put a Denuncia on the access until it is sorted but they would not do it. I will not give up but I am just tiring a bit after 6 months of getting nowhere.
I think you should name and shame the agent who's done this to you so that those of us who are considering moving out there know to avoid them. Anyone else agree?
Hi Jon, I am looking into what you said about a regulating body. I have also found a company of Lawyers about an hour away from me that have both English and Spanish solicitors. I will be contacting them on Monday morning. Hi Rob I totally agree with what you have said and its one of the main reasons that I will not give up on my problem. I need firstly to know my legal rights.
Have you resolved your problem yet? If not I would suggest that you find another lawyer. There are lots of ways to avoid problems in buying Spanish Property. The first is to only deal with professionals. Agents should be a member of the Spanish college of estate agents. There are very few Brits who hold this qualification. They must be bonded and have strict code of conduct. If u are still having problems will try to help by pointing u in the right direction.
I am still having problems and trying to find the right help. The English lawyers I contacted said I was out of their area so they could not help. I am in the Costa Tropical area, they were in Costa Almeria. I found that the agents I used are not registered with either the API or GIPE which seem to be the main registration bodies.I have to meet with my original lawyer tomorrow but I do not hold much hope with him as he also has done work for the agents. I will not give up. I am still searching for that lawyer that will fight this case for me, he or she must be out here somewhere.
A woman alone - alwys a prime target for anybody from your local plumber to o verseas developers! Sorry but that's the way it is. In he first instance it is always the best policy to get a personally RECOMMENDED lawyer, qualified and fluent in both his own language and your own. I the initial stages it is also worth expenditute on a good translator to double-check the documentation for you. An e xpense? Yes, but worth it in the long run if there is a problem. I'm sorry that you made a grievous error in aproaching one who acts on behalf of the developers as well. This should NEVER be done. Nor is it usually a good idea to use the services of a solicitor suggested by the vendor(s). So sorry to hear about yourp problems and h ope they'll be resolved. I agree with the suggestion that you name and shame the property company. Have you considered writing to as property magazine or "Watchdog"? Teell your opponents that is what you plan anyway! They don't revel in bad press. You may get support from a local "glossy" down there which, I think, is called "Lookout" or something similar. But never give up the fight. They tend to rely on your resources of energy dwindling!
You are right about API and GIPE. They are, in my 12 years eperience of living and working in Spain, the only two recognised bodies and API memebers will tell you that GIPE is barely legal!!. I am not aware where The Costa Tropical is. A lot of these places have sprung up as a result of developers and dont appear on any map. If you give me a clue I will try and help by giving you a few names.
Costa Tropical is between Costa Del Sol and Costa Almeria. It runs from a place called Adra right down to just before Nerja. Where I am is roughly an hour from Almeria airport and 2 hours from Malaga Airport.
OK if you need a translator this one is registered as an official translator and as such can stamp documents to that effect. Official Translations are the only ones accepted in the Spanish Legal system. She comes highly reccomended although I have not used her personally. Her name is Alice Tel:639638360. I am trying to find the contact details of a lawyer for you. In the meantime I suggest you always read the Costa Blanca News> It has some cracking good bits among the inevitable dross. I do even now back in UK. There is a South and North issue and it will be readily availble in most newsagents.
Thanks John for the information. I have in fact found a translator locally who is very good. My biggest problem seems to be finding a solicitor that speaks really good English and who is in this area and who is not doing work for the agents. I do read all the newspapers online, the costa blanca news, the costa del sol news and sur in English, but the area that I live in is very Spanish and none of these papers actually cover this area. I would be very interested if you come up with any solicitors. I will not give up, I cannot as my future here depends on a satisfactory solution to my problems.Thanks again to you and to all the other people who have replied to me on here.
Hello UKL. The lawyer that I know is called Juan Angel Alvarez. He wa writing for the CBN South at one stage. You could try them to see if they have contact!. I am sure you have been over most of the ground yourself and it does sound that u havent left much unturned. The problem is of course is what you have in writing that will be considered legal in a Spanish court and ifyou do, what is it going to cost you to get it sorted? That is if you can. I admire your determination. Whene you bought more land than you neede is there any way you could make alternative access? Just a thought. What does it say on your Escritura. If the access question is clearly defined then the chances of being able to refute it are very slim.What was the original agreement with the agent. Was it verbal or written and where was it signed (if it was). What Im asking is you obviously thought that you had bought something that is now in dispute. At each stage how, when, and where was this (re)presnted
<Tony Angel>
Posted
My wife and I live on the top of the Contraviesa, so not far from where you are. Access tends to be a hazy area and in most cases it turns out to be a non problem. A lot depends on who owns the land that you need to cross. If they are Spanish then there is usually not a problem, if they are English then quite often have brought their ideas of property right with them from England. A denuncia is only required if you are being stopped accessing your property. Is anyone actually stopping you? Where there has been a history of access there should be no problem.
Thanks for all your replies. I am still struggling on with this problem. The new English owner of the land that I access through has on his escritura that he must give passage to my houses. So I am really pleased that although it is not on my escritura I do have legal rights to cross his land. I am now trying to sort out somewhere permanent for parking. As I am up a steep mountain and must drive up to my access. The new owner has taken away the original parking, even though it is a very small piece of land that only leads to my houses not his. I was trying to come to an arrangement or deal with him but he has disapeared without telling me, back to England leaving a truck parked in the access. I guess this could go on for years. The denuncia was put on as the access was blocked by this truck but that was a few weeks ago and absolutely nothing has happened since. Oh, for an English lawyer that could sort this mess out for me once and for all.
(DOMINGUEZ & DOMINGUEZ, S. C.) 29740 TORRE DEL MAR, Málaga Pilar FDEZ-FÍGARES ESTÉVEZ
29680 ESTEPONA, Málaga Rosa María FERNANDEZ MARTINEZ
29001 MALAGA, Málaga
BASED ON ALMERIA SEARCH:
Francisco Javier MEJÍA RUÍZ
(MEJIA ABOGADOS) 04003 ALMERIA, Almeria Miguel RODRÍGUEZ MARTÍNEZ
(BUFETE MIGUEL RODRIGUEZ) 04800 ALBOX, Almeria Alfredo SAUGAR SAUGAR
(SAUGAR-ABOGADOS) 04638 MOJACAR, Almeria
I have a solicitor on the Costa Blanca(Torreivieja) called Mercedes Rico, of Rico Asesores, she is brilliant. You could call her office to get a reference for your exact area.
Also try www.europelaw.com I understand they are a law firm based in England.
<winter59>
Posted
Sorry try this link and will take you to search modify page:
I agree with Winter59's advice to contact John Howell and Co (www.europelaw.com). They have the biggest team in the UK (and abroad via local offices) that are native speakers but haven't gone native in terms of doing work for developers.
Thanks for all the information. I checked out the list of solicitors and links but the closest one to me I have already approached. They were in Motril. I will have a look at Europelaw. I am getting to a point now where I am running out of money to approach these lawyers.
Answer to John Rosser. As far as written evidence I only have emails from the agents stating that the access land and garage were included in the sale. I do not know if emails will stand up in court. The extra land I bought does go right down to the road but it is mountain and very steep. It is not possible to make access from there. I checked that with builders. I have tried to come to a deal with the English man who has purchased the land but although he has enough land up by his house to park at least 6 cars he wants the area I was using, even though it is a long way from his house and only leads to my house.I have many pictures of the area and situation but obviously do not want to give out my web site details on the forum. Don't worry I am not giving up there must be a solution somewhere and at least I feel I have moved a little forward.Thanks again for your help.
Originally posted by uklady: I bought property in Spain in March 2004. I read the books, followed guidelines, went through estate agents, got a recommended solicitor. 6 months later I found out that my parking and access belong to someone else. I actually purchased more land than I originally wanted, because I was told it was the only way I would not have to share the access in the first place. I have been trying on my own to sort this out since July and I am getting brick walls and blank faces. Has anyone out there had a similar problem? I am learning Spanish but its not good enough yet to tackle Notaries etc. People said I was brave when I sold up, quit a good job to follow my dream on my own. I don't feel so brave now!
We have also bought a property from an English estate agent in the Costa Tropical and are also having problems despite going through a solicitor etc. I can't go into details on this site being public, but would like to contact you somehow through your e-mail if you'd be willing.
It's bad news that a Spanish solicitor can get away with anything, I've heard quite a few horror stories lately & think they ought to be 'named & shamed'
Thanks for your reply Susan, The same as you I am not willing at the moment to publish my details especially as I now have a date to go to Civil court here. There are a few other English people that have approached me in this area who have also had problems. I will try to find a way to set up an address for contact purposes. I will publish on here when I have this.
I have tried to contact you on your posted e-mail address but it wouldn't go through.
Just wondered how you were getting on with your case & wanted to let you know I am thinking of you as I do have problems of my own with the property I've purchased. Sue
