Hello Damocallaghan,

I will try and answer your questions, though please note that these are somehow general, as we would need to review all the related documentation so we can advise accurately. The German people that are currently living in the property could have acquired rights over the properties and it is in the Judge´s power to determine who wins the case depending on the facts that can be evidenced.

Now, in response to your queries:


1. Does the process I have been through (embargo, procurador, valuation etc) through the courts, all on advice and at additional costs, not validate, not only that there is no debt on the property, but there is no-one with legal right to the property before the embargo is placed?

Yes, indeed. Right after the embargo and before the auction, the Land registry certifies that the dwelling has no further charges and encumbrances and that it is executed as per ownership ( the developer, in this case ), that is, that there is no other entity with rights over the property. Once you have that documentation, the courts of Justice will order the auction. However, as your solicitor is advising you, this is not conclusive, as there could have been, for example, an error at the Land Registry Office when notifying that the owner was the developer, whereas the real owners are the German people. These individuals can actually sue you, and prove before the courts of justice that they have a better right than you as the party that takes the dwelling to auction. If the mistake at the Land registry could be proven, the Germans would keep the property and you would have to start a case against the Land registry for damages.


2. Is there anyway I can find out if there is anyone with legal right to the property without writing to every Notary in Spain? Yes, you can order a Land Registry Search that will indicate it in a certified note. We do offer that service at Lawbird, so please check this link to our specific service: http://www.lawbird.com/services/view/13. A Land Registry search can be made by owner or by property details.


3. If someone has purchased the property but not registered this at the land registry what are the implications? In that case, the said person could lose the ownership if the seller got into debt.

4. Is there no protection either in the UK or in Spain for UK citizens purchasing property in Spain? I am thinking a UK court process, British embassy, equivalent of legal aid or citizens advice or perhaps a trading standards or governing body so I can obtain clear and concise advice?

No, there is not anything like that. Any individual that wants to exercise his/her rights must approach a solicitor ( if the individual does not have sufficient financial resources, there are public defenders ). If you require a second opinion, you can ask a different lawyer or make a consultation at the corresponding Association of Consumers. As far as we know there is not any for the defense of British property buyers in Spain.

Regards,