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Ley de Vivienda (Año II): crisis en el alquiler con más demanda, menos oferta y precios disparados
27th May 2025 -
The development of residential complexes for seniors is growing: there are already more than 5,400 housing units
22nd May 2025 -
According to BBVA Research, housing prices will increase by 7.3% in 2025 and by 5.3% in 2026
19th May 2025 -
Home sales surge by 40% and record their best March since 2007
16th May 2025 -
James Bond's mansion in Nice (France) is back on the market for 6.5 million less
16th May 2025 -
INCREASE IN THE BUYING AND SELLING OF HOMES
8th April 2025 -
INCREASE IN HOME PURCHASES BY FOREGNERS
8th April 2025 -
DECREASE IN RENTAL SUPPLY
8th April 2025 -
STRENGTH OF THE REAL ESTATE MARKET DESPITE CHALLENGES
8th April 2025 -
FOR SALE HOMES AND OTHER PROPERTIES WITH DISCOUNTS OF UP TO 64%
21st July 2023
WHAT EXACTLY DOES ARTICLE 28 OF THE MORTGAGE LAW SAY?
8th September 2021REAL ESTATE, NEXUS GROUP, INFORMA.
What exactly does article 28 of the Mortgage Law say?
The registrations of estates or real rights acquired by inheritance or legacy, will not take effect as regards third parties until two years have elapsed from the date of the death of the deceased. The inscriptions by testated or intestate inheritance title, improvement or legacy in favor of forced heirs are excepted.
In practice, this limitation hindered some operations, as stressed by the Real Estate Agents of Catalonia. As the law justifies in its preamble, "the assumptions that this article is eventually called to protect are very residual compared to the damage it causes in the succession of collaterals and strangers and the disruption of traffic, generating uneconomic situations."
This is an article that is also known as the "Cuban Law" and is part of the Mortgage Law that was approved in 1946. At the time it was relevant because it allowed Spanish children who emigrated to the colonies to have time to return to Spain when his parents died and thus be able to claim his part of the inheritance.
Currently with the system of the Registry of Last Wills that there is an unknown later testament is very unlikely so, except in cases where a later heir appears, for a filiation claim, for example, it is unlikely to happen. Ultimately, the protection it provides causes more harm than good.
The repeal of the article will make the houses can be sold immediately.
Due to the market price, given that this conditioning factor led to a decrease in value because the buyer, when faced with this burden of article 28, demanded that the price be lower or directly reject his purchase.
That the property was paralyzed and without entering the real estate market during these two years.
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