Complex Real Estate Situations
There are dozens of legal, urban planning, and land registry situations that block the sale of a property. We have specialized solutions for each of them.
Consult My Case FreeTechnical and Legal Audit
We uncover the real state of your asset before you take any false step. Review of the land registry extract, municipal files, and registered charges.
Integrated Case Management
We handle notarial, registry, municipal, and judicial processing from start to finish, so you don't have to worry about the bureaucratic details.
Sale with Full Legal Certainty
We locate fiduciary heirs, regularize closed registry records, and resolve urban planning issues so you can sell with total peace of mind.
42 Special Situations with a Solution
Each case has its own legal particularities and specific roadmap. Click on any of them to consult the available solutions.
Liens and Enforcement Actions
Sale with a lien
Blocked due to judicial debts. We sell the property even with an active lien, through a conditional sale or direct payment to the creditor.
Precautionary lien
A precautionary measure that prevents the sale from being registered. We assess whether it is proportional or abusive in order to request its lifting.
Creditors' bankruptcy proceedings
The property forms part of the bankruptcy estate. We coordinate with the insolvency administrator to speed up the sale.
Sale before auction
Emergency protocol to halt mortgage foreclosure and achieve zero debt before the auction is published in the official gazette (BOE).
Occupation and Tenants
Sale with occupants / squatters
Direct cash purchase with occupants still inside. Full analysis of losses versus judicial waiting time.
Old rent-controlled lease
A lease agreement predating 1985 with a symbolic rent. The sale transfers the contract, but there are ways to unlock it.
Inheritances and Family
Heirs in conflict
Heirs in conflict blocking the sale, termination of co-ownership, and the 4 legal routes to unlock your inheritance.
Complex inheritance
Wills with restrictive clauses, multiple degrees of kinship, or assets spread across several jurisdictions.
Vacant estates
No known or accepting heirs. The State is called to inherit, but hidden rights may still exist.
Trusts / fiduciary inheritance
You are a fiduciary heir: you hold the property but cannot sell it without the trustee's consent, or residue clauses apply.
Gentile right of withdrawal
In Navarre and the Basque Country, relatives can "expel" the buyer if the foral notification protocol is not followed.
Property owned by minors
The owners are orphaned children. The guardian needs express judicial authorization from the Court of First Instance to sell.
Missing persons
A co-owner has disappeared without a formal declaration of absence. Prior judicial proceedings are required before the property can be transferred.
Shared Ownership
Irregular undivided share
You hold an undivided percentage share. No bank will finance these shares. Legal solutions exist without requiring unanimity.
Termination of co-ownership
A legally and fiscally advantageous mechanism to award full ownership to one co-owner through financial compensation.
Dissolution of co-ownership
Judicial procedure used when co-owners cannot agree to divide or sell the property amicably.
Bare ownership / usufruct
The usufructuary lives in the property and the bare owner wants to sell. We coordinate the valuation and transfer of both rights.
Shared properties
Co-ownership not arising from inheritance: ex-partners, business partners, etc. Strategies for an orderly, fair exit.
Tax Liabilities
Tax lien
The land registry extract shows a charge for transfer tax or inheritance tax. The Tax Agency can claim the debt directly from the new owner.
Outstanding tax debts
Outstanding tax debts affecting the transfer. We verify the statute of limitations and regularize the situation.
Recent donation
You received the property as a donation less than 4 years ago. Risk of tax review and regularization upon sale.
Urban Planning and Legality
Urban planning restrictions
Municipal restrictions not visible in the Land Registry: building lines, setbacks, maximum heights, or land dedications.
Urban planning enforcement file
A sanctioning file for unlicensed works. We assess whether it is remediable or leads to demolition before the sale.
Restoration of legality
A demolition order for illegal construction. Options: appeal, sale as a cleared plot, or agreement with a developer.
Excess surface area
The actual surface area exceeds the cadastral or registered surface area. This can block the sale unless regularized with the Land Registry.
Listed / heritage-protected property
A Site of Cultural Interest or urbanistically protected property. Requires special authorization from the Fine Arts authority for any modification.
Contaminated land
Previous industrial activity has generated environmental liabilities. The seller may need to bear the decontamination cost.
Horizontal property regime on townhouses
Your townhouse belongs to a community that controls facades and land. Renovations require unanimous approval from the community board.
Rights and Contracts
Surface rights
You have the right to build on land owned by someone else. Transfer requires the express consent of the underlying landowner.
Right of return
A clause allowing the seller to reclaim the property after a certain period or upon meeting a specific condition.
Right of first refusal
A neighbor or adjoining owner has a preferential right to buy. Formal notification is required before selling to third parties.
Right of reversion
The property was expropriated for a public works project that was never carried out. The former owner can claim its return.
Pre-emption and withdrawal rights (Housing Law)
The Administration has a preferential right over entire buildings. It freezes the transaction for 60-90 business days.
Prohibition on disposal
A registered clause preventing the sale without judicial authorization (e.g. guardianship, curatorship, or precautionary measures).
Repurchase agreement
You bought with a repurchase agreement: the seller can reclaim the property by paying you back exactly what you paid.
Purchase option / extensions
A tenant with an unexercised purchase option claims a unilateral extension. This blocks a sale to third parties if registered with the Land Registry.
Special Property Types
Rural estates
Subdivision is prohibited if the resulting plot is smaller than the Minimum Cultivation Unit for your region.
Technical easements
Power lines, sewer collectors, or pipelines cross your plot. Building is prohibited within the affected strip.
Legal easements
Rights of way, light, or views that limit full use of the land. These must be properly recorded in the deed.
Land swap
Exchange of plots with a developer or neighbor to optimize urban planning use and buildable area.
Company dissolution
The property belongs to a company in liquidation. Requires shareholder agreement and an asset award deed.
Dissolved companies
A company deregistered with the Tax Agency but not formally liquidated. Commercial registry sheet blocked. Urgent corporate rehabilitation required.
Cases with a Full Page and Detailed Guide
For these three situations we offer exhaustive guides with legal analysis, comparison tables, and frequently asked questions:
Inheritances and Undivided Shares
Heirs in conflict blocking the sale, termination of co-ownership, and the 4 legal routes to unlock your inheritance.
View complete guide arrow_forward no_accountsApartments with Squatters
Direct cash purchase with occupants inside. Complete analysis of losses vs. judicial waiting time.
View complete guide arrow_forward gavelSale Before Auction
Emergency protocol to halt mortgage execution and achieve zero debt before auction closure.
View complete guide arrow_forwardAre you trapped in any of these complex situations?
Leaving these matters to improvisation can cost you your assets, administrative penalties, or lawsuits that drag on for years. Our team of specialists in complex real estate and urban planning law is at your disposal.
