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Unregistered
10-27-2009, 02:53 PM
I would like feedback about 1st right of refusal when selling a rural Finca. My neighbours will sell shortly and I would like to buy if possible. I have owned the Finca for 6 years and do not live their permanently and do not have a resididencia. The house is semi-detached and each have land

Lawbird Lawyer
10-27-2009, 04:02 PM
Dear Sir or Madam,

Regarding rural properties, the right of first refusal is enshrined in arts 1523 & 1524 of the Spanish Civil Code.

Basically you have a right of first refusal on a neighbouring rural plot of land providing that:

1. It is < one hectare
2. That there is no tenant farmer making use of this right in the said finca.
3. That both properties are not separated by physical landscape features i.e. a stream, a cliff, a gorge, a road, a right of way etc.

If two neighbours exercise this right, the one with the smaller plot of land will be preferred.

The legislator seeks that small plots of land are grouped together for economies of scale.

The above is the state law. Depending on where your property is located in Spain (region) there may be further specific regional laws on the matter.

Yours faithfully,
Raymundo Larraín Nesbitt