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TOMAS  BALLESTERO LAWYERS
Office in Javea, serves Benissa, Spain

Founded in 1992
5 people in their team
English
French
Spanish
Tomas Ballestero Lawyers is a fully bilingual English and French law firm with its main office in Jávea (Xàbia), on the Costa Blanca. The firm was founded in Valencia in 1992 — where we still keep an office — and opened the Jávea office in 2003. We also work with a collaborating office in...
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Spain Legal Questions answered by Lawyers

Browse our 18 legal questions in Spain and read the lawyer answers, or ask your own questions for free.

Can my neighbor block an established access path across his rural plot to reach my land in Spain?
Real Estate Easements & Boundary Disputes
We bought a rustic finca three years ago and have consistently used a dirt path across our neighbor's parcel to access our olive grove. The neighbor recently installed a padlocked gate, arguing that no formal easement appears in the Property Registry despite the path being used for over thirty years.... Read more →
Lawyer answer by POMEROL LEGAL PARTNERS

Thank you for your message. Under Spanish law, the fact that the path has been used for more than thirty years does not, by itself, necessarily mean that a registered right of way has been acquired. A right of way...

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1 answer •
Orientación en la gestión del DNI
Immigration
Hola, llegué al país a mediados del mes pasado y he alquilado un apartamento en Bariloche. Estoy tratando de regularizar mi situación en el país. Hoy he estado en Migraciones y me han solicitado una serie de documentos. He aportado mi alta de autónomo en España y otros documentos para... Read more →
Lawyer answer by My Spain Visa

Hola: Gracias por contactarnos. Para poder orientarte con precisión y decirte exactamente qué documentos presentar, necesitamos conocer primero un par de detalles sobre tu situación de partida: Estatus de entrada: ¿Con qué visado o estatus ingresaste al país? (¿Entraste como...

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1 answer •
Can majority shareholders remove me from the board of directors without cause in a Spanish SL?
Corporate & Commercial Corporate Governance
I hold a 25% stake in a limited liability company registered in Madrid, and the majority owners have called an extraordinary general meeting to dismiss me as sole administrator without any alleged breach of duty. I want to understand if they can do this without compensation or if the company... Read more →
Lawyer answer by FORJA LEGAL ABOGADOS

Shareholders can generally remove an administrator at any time, without alleging cause (Art. 223 LSC). There is no automatic severance payment merely because you are removed, unless a separate contract provides for it. The key issue is the articles of...

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1 answer •

Spain Legal Articles

Browse our 2 legal articles in Spain with practical legal information.

Golden Visas in Spain: Residency by Investment Laws
Immigration
Key Takeaways Spain offers multiple immigration routes under two main regimes: the general regime in LOEX and the fast-track UGE system in the Entrepreneurs Law for investors, entrepreneurs, highly skilled workers, ICT transfers, and digital nomads. Residency by investment in Spain is residency, not citizenship. It can lead to permanent... Read more →
Buying Property in Spain: A Foreigner's Legal Checklist
Real Estate
Foreigners can freely buy real estate in Spain, but you must obtain an NIE (foreigner tax ID) and usually open a Spanish bank account before completion. Total purchase costs typically add 10-15% on top of the price, mainly in transfer tax (ITP) or VAT plus AJD, plus notary, registry, mortgage,... Read more →

What hiring a lawyer in Benissa involves

Start by identifying the issue, any deadlines and the documents involved. In Benissa, legal work often concerns property, planning, rental arrangements, family matters and dealings with the town council.

Benissa includes both an inland town centre and coastal areas. The relevant rules and authority can depend on a property’s location, its planning classification and whether the matter is municipal, regional or national.

For court proceedings, the appropriate court depends on the type of case and jurisdiction. Benissa is served by the Dénia judicial district for many matters, but a lawyer should confirm the correct venue before proceedings begin.

Ask whether the lawyer is registered with a Spanish bar association, handles the relevant type of matter and can communicate in a language you understand. A lawyer should explain the proposed work, likely costs, risks and any deadlines in writing.

When you may need a lawyer in Benissa

  • Buying or selling property: A lawyer can review title, charges, planning records, contracts and completion arrangements, including for homes in Benissa’s coastal areas.
  • Planning or building disputes: Advice may be needed about a building permit, enforcement notice, renovation or land classification under Valencian planning rules.
  • Renting or managing accommodation: A lawyer can review a lease, advise on a tenant dispute or help check obligations affecting a rental or tourist accommodation.
  • Inheritance involving several countries: Where an owner lived abroad or beneficiaries are in different countries, advice can clarify which law and authorities may apply.
  • Family or relationship matters: Separation, child arrangements or financial issues may require legal advice, especially where a family member lives outside Spain.
  • Disputes with a public authority: A fine, permit refusal or other decision by Benissa Town Council or a regional authority may have a short deadline for challenge.

Local laws that may affect your matter

Law 5/2014 on Territorial Planning, Urbanism and Landscape of the Valencian Community sets a regional framework for land use and planning. It entered into force on 20 August 2014 and has since been amended; the current rules and Benissa’s applicable planning instruments should be checked for each property.

Law 39/2015 on the Common Administrative Procedure of Public Administrations governs many administrative procedures, including applications, notices and appeals. It entered into force on 2 October 2016. The deadline and appeal route depend on the decision and how it was notified.

Frequently asked questions

Do I need a lawyer to buy a home in Benissa?

A lawyer is not generally required to sign a property purchase, but independent legal review can help identify title, debt, planning or contract issues. A notary performs a separate public function and does not replace your own legal adviser.

Which court handles a case arising in Benissa?

Many matters are handled within the Dénia judicial district, but venue depends on the case type and applicable jurisdiction rules. Ask a lawyer to confirm the correct court before filing or responding.

How much does a lawyer in Benissa cost?

Fees vary with the work, urgency and complexity, and are usually agreed between lawyer and client. Request a written estimate that explains what is included, possible additional costs and whether VAT is charged.

Can I get legal aid?

Spain provides legal aid for people who meet statutory financial and other conditions. Eligibility can depend on income, household circumstances and the type of case, so ask the relevant bar association or legal aid service how to apply.

Can I hire a lawyer who speaks English?

Some lawyers offer services in English, but confirm who will handle your matter and whether documents or hearings need translation. Spanish is commonly used in official procedures, and Valencian may also be used in public administration.

What should I bring to an initial meeting?

Bring identification, contracts, official notices, relevant correspondence and a short timeline of events. Include the date you received any decision or demand, since that can affect the deadline to respond.

How quickly must I challenge a town council decision?

There is no single deadline for every decision; the applicable period depends on the procedure, decision and notification. Have the notice reviewed promptly, because missing a deadline can limit the available options.

Can a lawyer check whether a Benissa property has planning problems?

A lawyer can review available title and planning documents and seek information from the relevant authority. The outcome depends on the property records, permits, planning status and any restrictions affecting the land.

How long does a court case take?

Timing varies by court, case type, complexity and workload. A lawyer can give a reasoned estimate after reviewing the facts, but court timetables cannot usually be guaranteed.

Is a Spanish lawyer the same as a notary?

No. A lawyer advises and represents a client, while a notary is a public official who authenticates certain documents and performs other statutory functions. Some transactions require a notarial deed, but that does not make the notary your independent legal adviser.

Official resources

  • Benissa Town Council: Provides municipal information and handles local matters such as planning, permits and municipal services.
  • Ilustre Colegio Provincial de Abogados de Alicante: The Alicante bar association can help with checking a lawyer’s professional registration and enquiries about legal aid services.
  • General Council of the Judiciary (CGPJ): Its official court directory provides information about courts and judicial bodies, including those serving the Dénia area.

Next steps for finding and hiring a lawyer

  1. Write down the issue and dates. Make a brief timeline and identify any reply, appeal or payment deadline. Do this immediately if you have received an official notice.
  2. Gather the documents. Collect contracts, title documents, permits, correspondence and decisions before contacting lawyers. Allow a day or two to organise records if there is no urgent deadline.
  3. Find suitable candidates. Look for lawyers registered with a Spanish bar association and ask about their work on the relevant issue, local authority or court.
  4. Arrange an initial consultation. Ask what documents to send, who will handle the matter and whether the lawyer can work in your preferred language. A first appointment may be available within days, depending on urgency and availability.
  5. Compare written proposals. Request the scope of work, fee basis, likely extra expenses and any excluded services. Ask for clarification before authorising work.
  6. Confirm the engagement in writing. Check the agreed tasks, payment terms, communication arrangements and any power of attorney needed. Provide complete documents and follow the lawyer’s advice on deadlines.

Lawzana helps you find the best lawyers and law firms in Benissa through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, experience, and client feedback.

Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.

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