land embargo
#1
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Thread Starter
Joined: Jun 2011
Posts: 3
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.
joetex1953.
joetex1953.
#2
Re: land embargo
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Rosemary and Graham
BE is a very large expat website, so if you have problems finding your way around we have concierges who will try to direct you. The moderators for the Spanish forums are Mitzyboy and Fred James, moderators are there to ensure that the site runs smoothly within the rules of BE. Problems and complaints should always be addressed to a moderador who will look into the matter and deal with it efficiently and fairly. Our members who post in the Spain Forums are friendly and helpful with a wealth of knowledge of the issues of living in Spain. At the top of the page you will find a quirkily named thread called Free Beer which is full of important and useful information. Hope you enjoy your time participating in the forums.
Please let us know if you need any further help.
Rosemary and Graham
#3
Joined: Jun 2011
Location: In the middle of 10million Olive Trees
Posts: 12,053
Re: 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.
joetex1953.
joetex1953.
#4
Just Joined
Joined: Jun 2011
Location: Málaga
Posts: 4
Re: 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.
joetex1953.
joetex1953.
You should contact a solicitor to get appropriate legal advice checkng your documents and studing your particular case.
Regards
Javier Moya
#5
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Joined: Jun 2011
Posts: 3
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.
joetex.
joetex.
#6
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Joined: Mar 2011
Location: Costa del Sol
Posts: 6
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>
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 12:50 pm. Reason: Please do not use forum post to tout for business. Thanks.
#7
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Joined: Jun 2011
Posts: 3
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.
joetex1953
joetex1953