Outside terrace

Hi all,

Are there any spanish solicitors/lawyers/unit owners on here who can tell us the law if you own a retail unit who does the outside terrace belong to ?

not a lawyer and more of just a random guy in the pub  that has an opinion on pretty much everything.

but look at your nota simple or whatever it is.

it will be clear if you own it as it will be listed.

We had the chance of renting a property and in the contract it said the outside terrace was communial but the person renting the unit could have sole use of the terrace

Now we have come to sign we have been told the terrace cannot be used by ourselves as another retail unit wants the outside space for their business ( we thought in spain the outside terrace came with the unit ? )

Welshlassy

                                The clue is in ‘communal’  that is, owned jointly by all the community

 There can be different situations:

1.  The outside terrace belongs to the owner of the retail unit.  As has been advised in earlier posts, this would be clearly written in the Escritura (Notaria Deed).  If it is not clearly written in the Escritura that it belongs to the owner of the unit, then it doesn't.  The Escritura could then state who the owner is (for example, the community, the holder of a concession, the Municipality, etc.) but not necessarily.

2. The outside terrace belongs to the community but the retail unit has exclusive use.  The consideration as common area would be stated in the Escritura de División Horizontal and registered in the Property Registry.  The exclusive use would have to be stated in the  retail unit's Escritura.   If it is not stated in the Escritura, then the use is not exclusive.

3. The outside terrace  belongs to the Municipality or is public domain.  As Johnx said, the unit owner can obtain a license from the Municipality to use the space.  If the space is public domain, then the license cannot prevent the public from accessing and walking through that public domain space.

so you havent signed and they did a bait and switch on you

usual stuff

Yes seems that way - didnt think they could as we thought there was some sort of Spanish Law - seems they can do just what they like

Just doesnt seem right

yeah

they can do what they want really.

treat it like a third world country full of bandits and you wont go far wrong.