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Thread: illegal homes in Spain.

  1. #1
    Junior Member
    Join Date
    Nov 2010

    Default illegal homes in Spain.

    Speaking again to a spanish solicitor.who tells me after the marbella.scandle.all spanish /notary are worried.because it came out, first the marbella, council knew that the houses were being built and did nothing.the solicitor who called in a architect to produce the property deeds on these illegal houses was wrong .you cant have property deeds on illegal built properties .the solicitors/notary who signed and stamped the property deeds for these illegal properties .should never have done this, as signing /stamping the deeds makes them the eyes of the law.the land registry who checked the illegal houses over.on their computer knew they were illegal.and should have torn up the deeds.but did not, just sent them back.which again made them we have the same thing going on all over spain.please explain why.and who is right.and why is their nothing done

  2. #2
    Legal Consultant
    Join Date
    Oct 2010


    Dear Sir,

    The situation is not as simple as you describe. The architects, solicitors, notaries and registrars who were acting at the time did not know that these licences being granted by the Townhall were in fact illegal. The truth is that they were declared illegal much later (and retrospectively) because it was found that the Townhall exceeded their powers in granting these.

    The legal situation of almost all building developments in Marbella has now become clearer since the new General Plan of Urbanization has been approved. The new townhall and the Junta de Andalucía have been working together in an attempt to remedy the urbanistic infringements that had occurred in the past without affecting purchasers in good faith whenever possible.

    If you provide us with more information on the background and the facts of your particular problem we can probably advice you on what you can do to resolve any problem you may be having. Please send your query through the following form:

    Kind regards,
    Legal Consultant
    Lawbird Spanish Lawyers

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