Legal representation and registration services

With more than 20 experience years, our english speaking lawyers in Alicante are preparated to represent you in a differents legal areas. We have an expert lawyer in Pinoso, Alicante, just for you, he will represent and watch over your interests so that you always get the greatest benefits on our side. Our representation legal areas are:

Property law

Contracts

A contract is an oral or written agreement setting out matters agreed upon by two or more parties with legal capacity (contractual parties). It is binding on the parties and governs their relationship for a specific purpose. In bilateral contracts, each party may demand that the other comply with its contractual obligations, whereas in unilateral contracts, one party may demand compliance by the other. In short, a contract is a voluntary agreement that creates "relative rights and obligations", in other words it applies to the contractual parties and their right holders alone. As well as being a voluntary agreement, to be legally valid, some contracts require performance of other events or legal steps, such as a specific delivery (real contracts) or they must be set out in a special document (formal contract). In special cases, voluntary consent by the parties does not suffice.

A lawyer of PEÑALVER LAWYERS AND MEDIATORS in Alicante, will negotiate and draw up all kinds of real estate contracts, such as conveyance agreements, exchanges, leases, easements, guarantees, payments in kind, debt settlement agreements, etc.

Sales and purchases of rustic and urban properties, both on the coast and inland

We act for either buyer or seller in property transactions, performing searches to ensure that the property is free of charges, encumbrances and enforcement proceedings and that it is not subject to future development plans. We obtain certificates to this effect from all relevant organisations to ensure that the physical characteristics of the property coincide with those appearing in the property registry and cadastral books. In the case of "rustic land" , a lawyer in Alicante of Peñalver Lawyers and Mediators will check the status of utilities (electricity, water, etc) before the sale goes ahead. All these procedures are organised when the deed of sale is signed, with full control over the list of payments, deed or document proving title or ownership of the property and subsequent settlement of taxes, registry fees, cadastral changes, transfer of responsibility for electricity and water bills to the new owner when acting as the buyer's representative, etc. and, generally speaking, all the necessary steps for buying or selling property in Spain.

Declarations of new works

In these cases, the objective sought is for the landowner or a holder of an easement or pre-existing registered or unregistered building to obtain a public deed testifying to the fact that buildings, new floors or improvements are planned or that building has commenced or has been completed by way of a "declaration of new works". This is done to correct the title deed. Title to the property is then entered on the property registry, giving legal security to the new works. Our English speaking lawyers in Pinoso, Alicante also obtain certificates of first or second occupation and, generally speaking, all the documentation required for new constructions by processing utility connections on rustic properties.

Corrections to accommodate

Although it is common practice, homes and other buildings without licences are illegal, and can lead to legal or administrative proceedings, fines and/or penalties and even demolition orders to restore the property to its previous, legal condition. In the case of properties which can be legalised, we advise on how to do this.

Our office has more than ten years' experience processing building licence applications and proceedings for legalising the planning status of existing buildings.

Ownership proceedings

When the surface area stated in the deed is or its physical area does not coincide with that registered in the Property Registry.

Ownership proceedings

Ownership proceedings are legal proceedings governed by the Mortgage Act. Their intention is to register property which has no registered owner. Under Spanish Mortgage Act, First Registration of Land is the process whereby property is registered for the first time in the property registry.

First registration is the beginning of the property's legal history on the Property Registry.

  • First registration: This is done to register property on the Property Registry for the first time by entering details of its ownership by the persons or persons bringing the first registration proceedings.
  • Rectification of the registered area of property: This corrects the surface area of the property appearing in the Property Registry, perhaps because a mistake has been made in the past or because the specifics of the property have changed since it was registered.
  • Resumption of an interrupted chain of succession: This occurs when the owner of property cannot register title because the previous owner did not register his or her ownership of the property.

Co-ownership proceedings

Co-ownership proceedings. Under Civil Law, this happens when property is owned by two or more parties. These types of proceedings are common when couples separate or divorce and have to divide their common or shared property or when legacies are shared among siblings… in fact whenever ownership of property is shared or when title over this property is transferred/assigned. The work consists of transferring ownership of a share of the property from one of the owners to another or others. This can lead to tax advantages and in circumstances where this is possible, it is always advisable to do this.

In these specific cases, a lawyer in Alicante of Peñalver Lawyers and Mediators will analyse the documentation and act accordingly to register rights over the property or bring ownership proceedings by rectifying the entry in the property registry.

Planning law

Management and study of urban plans

These are the technical regulations and laws governing land use as well as development and conservation requirements. Generally speaking, they are project-like in nature and determine the use to which a certain area may be put. They generally encompass a municipality, urban area or neighbourhood. Peñalver abogados studies the viability of a development plan in a particular area and processes all the necessary permits, environmental studies, DIC and personal contact with other professionals involved in the process of granting the necessary permits for starting the activity.

Processing licences

Advice for obtaining and processing building licences and other licences such as business, planning, first occupation, operating licences, etc.

Planning violations

Advice on all types of planning infringement proceedings due to lack of planning permission, illegal construction, planning breach restoration orders, etc.

Disciplinary proceedings

We research and process the necessary and/or advisable action to restore legal planning status and represent our clients in infringement proceedings, drafting documents and bringing appeals.

Civil law

Divorce - Separation

This means dissolution of marriage, but in the widest sense it refers to the process that terminates a conjugal union. We offer expert advice on divorce law, common law partnerships, prenuptial measures and divorce and/or separation and common law partnership agreements, maintenance and compensation.

Division of assets

This consists of apportioning common property to the parties by transferring their ownership from the married couple to the individual parties to the marriage. This is formally known as distribution of assets.

Both are legal procedures and are supervised by the courts.

Ecclesiastical annulment

In the Catholic Church, the marriage bond is unbreakable and spousal consent cannot be rescinded. The Catholic Church does not recognise divorce, therefore a declaration of annulment is the legal procedure whereby the parties attempt to prove that the marriage was void at its inception. The Church will not annul a valid marriage, but may accept that the sacrament was never in fact conferred due to a failure to meet the requirements to enter validly into matrimony and thus a marriage never existed.

Paternity and filiations

Recognition and claims regarding paternity and filiations. This is a cultural, social and subjective phenomenon to prove the paternity of men with their sons and daughters and their role in different contexts, beyond any type of conjugal arrangement, as a legal right existing between two people where one is the other's descendent, either biologically or by law.

Contracts

Supervision of all types of contracts, drafting all types of contracts

Termination of contracts

In the event of breach of contract, we offer advice and bring the appropriate legal proceedings to demand compliance or terminate the contract, apportioning damages and interest in both cases.

Claims for all types of debts

Claims for all types of debts.

Real rights

We study the legal rights inherent to ownership or the legal relationship between a party and an object. In Spain, as well as ownership, the following legal rights are also recognised: usufruct, use, habitation, lease, mortgage, survey, easements, etc., because there is no limit to the existence of real rights. Study and advice for resolving all types of disputes occurring with regard to property acquisitions; constitution and dissolution of co-ownership and community property; regulation of special properties; regulation of easements, usufructs, rights of use and occupation, among others.

Leases (Contracts, legal proceedings)

(Contracts, legal proceedings): A lease is a contract whereby one party, called the lessor or landlord, undertakes to temporarily transfer use and enjoyment of goods or property to another party who is the lessee or the tenant, who in exchange agrees to pay for the use or enjoyment for a certain, fixed price. The situation is studied and an appropriate lease for urban property, dwellings, business, etc, is drafted. Advice or representation in eviction proceedings, claiming and collecting rent and other amounts due and pending.

Horizontal Property

Horizontal property law is the set of rules and regulations governing the division and organisation of property. It applies when buildings or common land are divided. We advise community of property owners and do what is necessary to resolve conflicts among their members, including in cases of non-payment or late payment of community charges.

Civil, contractual claims and torts

Civil, contractual claims and torts. Insurance claims (Life insurance, legal defence, permanent disability, fire, house insurance, theft); professional negligence, real estate and construction (eviction, execution of guarantees over amounts on account and breach of sales agreements, exchanges, transfers, building defects), debt claims (loans, transfers, cheques, invoices, mortgage executions, non-payment of rent under lease rental agreements / leases.

Wills, successions and donations

Last will and testament, bequests of goods and executorships. Inheritance is an extremely common way of acquiring the deceased's goods, rights and duties or a share of these as one or more heirs, regardless of gender.

Advice on tax, inheritance and legal procedures if it is not possible to distribute the legacy. Help with notaries and registries. Execution of wills, probate or intestate succession, inheritance awards and statements by heirs under both Spanish and foreign law.

Criminal law

Peñalver Lawyers and Mediators in Pinoso, Alicante, acts for both prosecution and defence, representing clients in all kinds of criminal proceedings and provides all the necessary legal advice.

Domestic violence, family abandonment, non-payment of maintenance…

Traffic

Our Lawyers in Alicante are experts in claims for personal and material damages incurred as a result of traffic accidents in civil and criminal proceedings.

Administrative law

  • Claims from all types of government organisation.
  • Forced expropriation. Public domain. Environment. Tourism.
  • Administrative sanction.
  • Appeals against fines.

Tax law

  • Claims against the tax authorities and their associated offices during both the voluntary payment period and in legal proceedings for collection
  • Claims to the Administrative Economic Court

Investment projects

  • Setting up foreign companies in Spain

Mercantile law

Contracts

Drafting general contractual conditions, provision of services, agency agreements, franchises, distribution, others.

Bankruptcy

Legal advice and declaration of bankruptcy (voluntary or mandatory).

Legal claims

Previous unpaid judicial claims, breach of contract obligations, court settlements, conflicts in general, trade disputes.

Complaints against banks

Preferential shares, ground clauses, abusive clauses, bank fraud. Complaints about bank branches and representation in court if there is no satisfactory solution for the client through a regular procedure for revocation or cancellation, requesting the return of paid-up capital, demanding statutory interest and interest on arrears. If the verdict is favourable, costs are returned to the complainant.