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TOMAS  BALLESTERO LAWYERS
Office in Javea, serves Benitachell, 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 Benitachell involves

Start by identifying whether your matter concerns a property, a local planning decision, a dispute, or a cross-border issue. In Benitachell, property advice may require checking the land registry, cadastral information, municipal planning records, and any community-of-owners rules.

Choose a lawyer qualified to practise in Spain and familiar with the relevant Valencian and local rules. Spanish and Valencian are official languages in the region; ask whether the lawyer can explain documents and proceedings in your preferred language. Court documents may require translation.

Ask for a written description of the work, the fee basis, and likely extra costs before instructing anyone. Court proceedings may also require a procurador, a procedural representative distinct from a lawyer, depending on the type of case.

When you may need a lawyer in Benitachell

  • Buying or selling a home: A lawyer can check title, charges, planning status, licences, boundaries, and the terms of a reservation or purchase contract before you commit.
  • Renovating or building: Advice can help establish whether works need a municipal licence or other authorisation and whether the property complies with applicable planning rules.
  • Holiday or long-term letting: A lawyer can review the lease, community rules, and relevant Valencian requirements, including whether the intended use is permitted.
  • Community-of-owners disputes: Owners may need advice about assessments, building works, shared areas, noise complaints, or challenging a community decision.
  • Neighbour or boundary disputes: A lawyer can assess title documents, cadastral records, access rights, and the appropriate route to resolve a dispute.
  • Inheritance involving property in Spain: Cross-border estates can raise questions about applicable law, Spanish property records, tax filings, and documents issued abroad.

Spanish and Valencian laws that may apply

Spanish Civil Code (Código Civil), enacted by Royal Decree of 24 July 1889: It contains rules relevant to contracts, ownership, obligations, and succession. The applicable rules can depend on the facts and, in some cases, the parties' circumstances.

Law 1/2000 on Civil Procedure (Ley de Enjuiciamiento Civil): In force since 8 January 2001, it governs many civil court procedures, including litigation over contracts, property, and community disputes.

Decree-Law 1/2021 of the Consell, of 18 June, approving the consolidated text of the Valencian Land Use, Urban Planning and Landscape Law: This Valencian legislation provides the regional planning framework. Local planning rules and the property's classification also matter, so a general description of the law cannot confirm that a particular project is permitted.

Frequently asked questions

Do I need a lawyer to buy a property in Benitachell?

A lawyer is not generally required simply to sign a property purchase, but independent legal checks can identify title, debt, planning, or contract issues. A notary oversees the public deed and formalities; that role is different from advising you as the buyer.

Can a lawyer check whether a home or extension is legal?

A lawyer can review title and planning records and request information from the municipality where appropriate. The answer may depend on the property's planning classification, the works carried out, and any permits or enforcement measures.

Can I hire a lawyer who speaks English?

You can look for a Spanish-qualified lawyer who offers service in English. Confirm who will explain technical documents and whether translations are included or charged separately.

How can I check that a lawyer is authorised to practise?

Ask for the lawyer's full name and bar registration details, then check them with the relevant Spanish bar association. The Ilustre Colegio Provincial de Abogados de Alicante can provide information about its registered members.

How much does a lawyer cost in Benitachell?

There is no single fee for every matter; the amount depends on the work, complexity, and whether a dispute proceeds to court. Request a written estimate covering the lawyer's fees, taxes, and likely third-party costs such as a procurador, translator, notary, or registry charge.

Will I need a procurador as well as a lawyer?

Some court proceedings require both, while others do not. Ask the lawyer to confirm the requirements for your specific procedure and include any procurador fees in the cost estimate.

How long does a property purchase usually take?

Timing depends on the contract, the seller's documents, financing, and the checks needed before completion. Planning or title issues can cause delays, so agree on a timetable and conditions with your lawyer before signing binding terms.

Can I challenge a decision by the local council?

Some municipal decisions can be challenged through administrative procedures and, where appropriate, in court. Deadlines and the correct appeal route depend on the decision and how it was notified, so obtain advice promptly.

Can I handle a dispute without going to court?

Negotiation or another suitable settlement process may resolve some property, contract, or community disputes. A lawyer can assess whether a settlement is practical and explain any procedural requirements that apply before court proceedings.

Does a foreign document need translation for use in Spain?

It may need a sworn Spanish translation, and some documents may also require an apostille or other authentication. Requirements depend on the document's origin and intended use, so check before arranging translation or filing it.

Can a lawyer advise on an inheritance involving a home in Benitachell?

Yes. The lawyer can review ownership records, the deceased person's circumstances, and documents from other countries to identify the relevant succession and Spanish filing steps.

Official resources

  • Ayuntamiento del Poble Nou de Benitatxell: The municipal council can provide local information about planning, municipal procedures, and council decisions.
  • Generalitat Valenciana: The regional government publishes Valencian legislation and information on regional planning and other matters within its remit.
  • Ilustre Colegio Provincial de Abogados de Alicante (ICALI): The Alicante bar association can help verify lawyer registration and provide information about professional services and conduct.

Steps to find and hire a lawyer

  1. Define the issue. Gather the relevant contract, notices, property details, correspondence, and any deadlines before your first enquiries.
  2. Shortlist suitable lawyers. Look for Spanish-qualified lawyers whose work covers your issue, such as conveyancing, planning, disputes, or cross-border succession.
  3. Verify registration and language support. Check the lawyer's bar details with ICALI and confirm who will communicate with you and translate or explain documents.
  4. Arrange an initial consultation. Ask what documents are needed, what checks are proposed, and whether urgent deadlines require immediate action.
  5. Compare written fee proposals. Confirm the scope, fee basis, taxes, payment schedule, likely disbursements, and whether a procurador or translator may be needed.
  6. Agree the engagement in writing. Read the terms, clarify who will handle each task, and keep copies of signed documents and payment records.

Lawzana helps you find the best lawyers and law firms in Benitachell 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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