Can he get escritura?

Some years ago I purchased a plot of land by a private contract with the seller.  I could not register the plot in the Land Registry in my name because it was part of a double plot which had not yet been ‘segregated’ or officially subdivided. 

The sale was declared, however, and the Andalucian transfer tax was paid. Now the land has been officially subdivided but the seller refuses to go to the notary to sign a proper ‘escritura,’ the official title deed.

How can I get the title deed and what can I do if the seller, still being the registered owner, sells the plot again?

K V R (Costa del Sol)

The private contract implies the seller’s obligation to sign a proper title deed at the notary even if it does not specifically state this. If the seller proves obstinate, he is in violation of the law and any Spanish court will rule against him.

If your seller should sell the property again, he has breached his contract and you can recover the property. We urge you to instruct a lawyer to make sure you act in the most effective manner.

Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at Ask@lawtaxspain.com, or call 952 667 090.