land embargo

Old Jun 28th 2011, 2:38 pm
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Default land embargo

Good afternoon, i have some land in Yecla Murcia.The land was paid for in 2007 but not registered in my name until 2010 when i paid the land tax, when i got the note a simple it has two embargo's which were put on in 2008 after i had paid for the land in 2007 and against the former owner, does anyone know how to have these embargo's taken off.Thank you in advance.

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Old Jun 28th 2011, 2:44 pm
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Default Re: land embargo

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Old Jun 29th 2011, 1:31 am
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Default Re: land embargo

Originally Posted by joetex1953 View Post
Good afternoon, i have some land in Yecla Murcia.The land was paid for in 2007 but not registered in my name until 2010 when i paid the land tax, when i got the note a simple it has two embargo's which were put on in 2008 after i had paid for the land in 2007 and against the former owner, does anyone know how to have these embargo's taken off.Thank you in advance.

joetex1953.
have you tried greasing the palm of a Spanish solicitor who specialises in land and property matters ??
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Old Jun 30th 2011, 1:52 pm
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Default Re: land embargo

Originally Posted by joetex1953 View Post
Good afternoon, i have some land in Yecla Murcia.The land was paid for in 2007 but not registered in my name until 2010 when i paid the land tax, when i got the note a simple it has two embargo's which were put on in 2008 after i had paid for the land in 2007 and against the former owner, does anyone know how to have these embargo's taken off.Thank you in advance.

joetex1953.
There is a legal procedure which allows releasing embargos if you can provide documents which prove you were the legal owner of the land before the embargo was registered. You need to prove it with your title deeds. They key will be to see if you signed your title deeds by the time you paid the price (2007) and then register your deeds in 2010 or if you signed your title deeds in 2010 by the time of the registration. In this second case, it would be more complicated to resolve the situation, and it would possibly involve to take legal actions against the vendor.

You should contact a solicitor to get appropriate legal advice checkng your documents and studing your particular case.

Regards

Javier Moya
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Old Jul 1st 2011, 7:18 am
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Default Re: land embargo

Good morning thanks for your reply, i have all the deeds to the land and the date i signed and paid was February 2007 the embargo's were not put on untill November 2007 and one in 2008 so by this time the land and deeds were in my name. So i just need to find out how to have them taken off. thanks again.
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Old Jul 4th 2011, 9:57 am
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Default Re: land embargo

Hi, it will depend on how things were done at the very beginning. Here are some different possibilities:

1. You signed the purchase deeds in 2007 before the public Notary, there was no embargo on the properties but you did not take the deeds to the Land Ragistry until 2010, you were therefore the official owner of the properties since 2007. Any embargo after this date can be cleared through the courts by an special proceeding called "terceria de dominio", to show the judge that the debtor is not the official owner of the properties at the date of the embargo.

2. You signed the deeds, but on the escritura the fact that there are embargoes on the property is mentioned. You assume any charge on the property at the date of the signature of the deeds.

3. You signed the deeds after the embargoes took place, again you assume any charge which is on the property at the moment of signature of deeds.

In point 1, you can ask the judge to clear the embargoes on your property.
In points 2 and 3 you have to assume the embargoes from the creditors (they can go against the property), but you can try to chase the debtor and get the moneys from him with a different proceeding.

<Snip>

Last edited by Sue; Jul 4th 2011 at 1:50 pm. Reason: Please do not use forum post to tout for business. Thanks.
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Old Jul 4th 2011, 10:24 am
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Default Re: land embargo

Good morning Seezey, thanks for your reply. I'm glad to say it's the first instance. when we signed for the land there we're no embargo's, they we're put on months after, we should have registerd the land when we signed. So we will try and find a good lawyer to have them taken off. Thanks again for your help.

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