Málaga Viviendas
Español English
mailEmail WhatsApp callCall
Complex real estate situations - Málaga Viviendas
Specialized Real Estate Law

Complex Real Estate Situations

There are dozens of legal, urbanistic, and registry situations that block the sale of a property. We have specialized solutions for each of them.

Consult My Case Free
counseling

Technical and Legal Audit

We unravel the real state of your asset before taking any false step. Review of simple note, municipal files, and registry charges.

manage_accounts

Integrated File Management

We take care of notarial, registry, municipal, and judicial processing from start to finish. So you don't have to worry about bureaucratic details.

verified_user

Sale with Total Legal Security

We locate fiduciary heirs, regularize closed registry sheets, and regularize urban situations so you can sell with total guarantee.

Cases We Solve

19 Special Situations with Solution

Each case has its legal particularities and its specific roadmap. Click on any to consult available solutions.

32

Irregular Undivided Share in Rural Plots

You are the holder of a percentage of a matrix rural plot. No bank finances these indivisible quotas. No notary can segregate without violating the Minimum Cultivation Unit.

Quota sale AFO Andalusia Right of withdrawal
33

Active Right of Expropriation Reversion

The property was expropriated once for a public work that was never executed. The former owner or their heirs can claim return, blocking any sale.

Waiver agreement Expiration of right
34

Right of First Refusal and Withdrawal of the Housing Law

Grandes tenedores y edificios completos afectados por el derecho preferente de la Administración. La operación se congela 60-90 días laborables perdiendo compradores internacionales.

Deposit with suspensive condition Sale by units
35

Buildings with Declaration of Imminent Ruin

El Ayuntamiento ha dictado orden de demolición por peligro de desprendimientos. Si no actúas, el municipio derriba subsidiariamente y te cobra el coste como carga sobre el suelo.

Sale conditioned on clean plot Transfer to developer
36

Purchase Option with Ambiguous Extension

The tenant with purchase option has not executed the purchase due to lack of financing, but alleges unilateral extension. The right registered in the Registry blocks any sale to a third party.

Notarial consignation Resolution action
37

Gentile Right of Withdrawal and Foral Lineage

Farmhouses and estates in Navarre and Basque Country. If you sell to a buyer outside the family without the foral protocol, any relative can "expel" the buyer up to 3 months after registration.

Prior formal notification Waiver in deed
38

Tax Liability for Non-Prescribed Taxes

The simple note shows a tax liability (ITP or Inheritance). Treasury can claim the debt directly from the current owner. Banks freeze the mortgage until clarified.

Contribution of payment letters Notarial precautionary retention
39

Properties of Dissolved or "Ghost" Companies

The shop or warehouse is in the name of an SL that was not formally liquidated and is deregistered with Treasury. The merchant sheet is blocked and the administrator cannot sign the sale.

Corporate rehabilitation Appointment of liquidator
40

Electroduct Servitude or Electric Towers

High voltage cables in the airspace or electric tower in the plot. Absolute prohibition of building in the safety strip. Reduced appraisals and difficulty obtaining mortgage.

Line variant Structured technical discount
41

Contaminated Soils and Environmental Liabilities

Naves industriales o locales con actividades clasificadas previas (talleres, tintorerías, gasolineras). La Administración paraliza licencias hasta evaluar el subsuelo. El propietario asume el coste de descontaminación.

Clean soil certificate Assumption of liability agreement
42

Trust and Residue Clauses in Will

You are a fiduciary heir: you have the house but cannot sell it without the trustee's permission or there is a residue clause that limits your right of disposition.

Trustee consent Judicial authorization for necessity
43

Pending Urban Demolition File

The Town Hall or APLU has ordered forced demolition for illegal construction on protected land. Selling hiding this charge can constitute a fraud crime with prison sentence.

Contentious-administrative appeal Sale as plot with demolition
44

Active Right of Repurchase

You bought the house with a "right of repurchase" and the original seller still has the right to recover it by paying you what you paid. The market flees from properties with resoluble ownership.

Early waiver deed Cancellation by expiration
45

Collapsed Horizontal Property in Urbanizations

Your chalet or townhouse belongs to a collapsed horizontal property. The buyer wants to renovate or expand, but floors and facades are co-owned by the entire urbanization and require unanimity of the board.

Board authorizing act Statute modification
46

Properties Owned by Orphan Minors

The holders of the home are children or teenagers who inherited it. The legal guardian cannot sell it on their own: they need express judicial authorization from the Judge of First Instance.

Voluntary jurisdiction Public Prosecutor's Report
47

Donation Reversion Clause

You received the apartment as a donation with the condition of caring for the donor or not selling it before a certain age. The donor can revoke the donation if you breach the charge, leaving the buyer without property.

Cancellation by donor's waiver Proof of compliance
48

Collectors and Hydraulic Channels Servitude

A sewage collector or drinking water pipe runs under your plot. Absolute prohibition of foundations, piles, basements or pools on the affected strip.

Architectural redesign Diversion file
49

Rural Estates and Minimum Cultivation Units

You want to sell a small portion of rural land for a garden or prefabricated house. The law prohibits segregation if the resulting plot is less than the Minimum Cultivation Unit of your area.

Quota sale indivisa Grouping with neighbor
50

Auctions Awards with Unknown Occupants

You bought in the BOE Auction Portal and when going to take possession you discover a family with a valid lease contract prior to the mortgage. Express eviction is not possible while they pay.

Judicial eviction incident Sale as income-generating asset
No Costs. No Obligation.

Are you trapped in any of these complex situations?

Leaving these files in the hands of improvisation can cost you the loss of your assets, administrative fines, or lawsuits that last for years. We put our team of specialists in complex real estate and urban law at your disposal.

Request your free valuation

No commitment. We'll call you within 2 hours during office hours.

Advisor Málaga Viviendas
1
Marta

Hi! I'm Marta, advisor at Málaga Viviendas.
How can I help you today?

Málaga Viviendas Real Estate
● Online now