[Anonymous]

I hope to purchase shortly in Cabopino and need a good lawyer.

I have seen Des Sparkes being recommended here and I would prefer to use an English speaking and regulated solicitor

Has anyone on the board used this firm and if so what has been their experience?

Please pm me obviously with replies!

ps btw I understand the port building was constructed circa 1987 can I be confident that it predates the GIL era and has ALL appropriate planning permissions and licences? I know that this area seems to escape standard lawyer searches in that the local permissions do not necessarily imply conformity with the Government’s master plan.How can one gain assurance as to ultimate legality?I know from the other threads that the so called illegal dwellings in the Marbella area will remain anyhows subject to a few token demolitions of empty shells therefore one feels very safe with a relatively older resale

[Inez]

Whichever lawyer you use should check all this out and to make sure, ask him to do so and produce all the documents which he should then translate to you – over a coffee or two.

Every so many years there is a scare over proeprties build too close to the shore and even 20 or 30 year old resales dont necessarily escape.

Be more afraid of the rising sealine or tsunamis!! (that by the way was a joke)

Enjoy your property, Cabopino is a lovely port, we enjoy lunch there every so often.

[Anonymous]

thanks inez hadnt thought about the ley de la costas !!!!!!!!!!1

if implemented strictly then most beachside marbella properties would go as a lot are within the 100m zone not least of which would be the commercial property at the marina itself which is an integral part of the coasts economic livelihood cant see it being enforced espcially as they have backed down on banana beach!!!!!!!!!!!!!

[Anonymous]

hi Boothy, one thing to take into account with port side properties; ie the flats near the water in all ports; ie puerto banus, sotogrande etc are leasehold from the government; it’s to do with the defence force. For example in the areas mentioned above many of the flats have only 65 years left to run (of the lease) hope this is helpful…….. re lawyers – there are many SPANISH local lawyers who speak English and are excellent!!! Stick with Spanish law companies please !!!!!!!

[Anonymous]

most of the estate agents describe the flats in the port as freehold

for example
http://www.homefinderinternational.com/propertydetails/Cabopino/Apartment/Spain/HFIMS1040

but i will get it checked out

the problem is you have already engaged a lawyer to find this out with fees so reversing out has cost money!!!!!!!!!

[Anonymous]

“Whichever lawyer you use should check all this out and to make sure, ask him to do so and produce all the documents which he should then translate to you – over a coffee or two. “

Inez, I see what you are saying. I however will not ask the same lawyer to translate it. As the lawyers have lost all credibilty, it therefore makes me beleive that they may translate to you what you want to hear or not translate at all. Besides, later if there is a disgreement. The lawyer will deny all & sundry and as lawyers worldwide do not make mistakes.

Sorry, but “good faith” does not work in Spain. ,

[Anonymous]

Hi,

If your main worry is the proximity to the sea, I would start checking the Coast Administration Office. If they have approved a “deslinde” in that area and the development is not in the public area, fine; if there is no “deslinde” I would not recommend you to go ahead

If you still want to go ahead, at least make sure that any document you sign includes a clause allowing the anticipated cancellation…

Concerning other legalities, and given the situation in Marbella, I would consider checking the present Master Plan (according to the courts, the master plan from the 80’s) to see if the planning permission is fine; and it is also worthy checking the new master plan which is still in process.

In all cases, the land registry and the developer’s conditions are to be checked as well.

I hope the above clarifies the situation.

@boothy wrote:

I hope to purchase shortly in Cabopino and need a good lawyer.

I have seen Des Sparkes being recommended here and I would prefer to use an English speaking and regulated solicitor

Has anyone on the board used this firm and if so what has been their experience?

Please pm me obviously with replies!

ps btw I understand the port building was constructed circa 1987 can I be confident that it predates the GIL era and has ALL appropriate planning permissions and licences? I know that this area seems to escape standard lawyer searches in that the local permissions do not necessarily imply conformity with the Government’s master plan.How can one gain assurance as to ultimate legality?I know from the other threads that the so called illegal dwellings in the Marbella area will remain anyhows subject to a few token demolitions of empty shells therefore one feels very safe with a relatively older resale

[Author]

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