LawTalk
Evidence in Civil Proceedings
Presenting valid evidence in court proceedings can make all the difference in obtaining a decision in your favour in court in any of the following proceedings :
Claims to ownership of property
In Spain the escritura - notarial deed signed by the vendor and purchaser - is the key document . If for some reason that deed has never been registered at the Land Registry the production of it can resolve a dispute . If you have had occupation of the property and can provide evidence of all your payments for IBI , community fees , utilities , etc , you may still be able to prove ownership but it is essential to have documentary proof .
Boundary disputes
Apart from the deeds of ownership the most important evidence will be a topografo or survey of the property and its boundaries . If more than one has been undertaken during previous years these also need to be presented . Other documents which can help are dated photo evidence , documents served on or responded to by neighbours , licences or Town Hall plans and sometimes a catastral plan if recently undertaken with aerial photography .
Debt orders
If you are seeking to reclaim monies owed to you , proof of facturas or invoices is essential if the money is owed for services rendered or goods supplied . These invoices must carry IVA if chargeable . Delivery notes or acceptance of terms signed by the recipient are also required . A private loan can be enforced if signed by both parties but it is always far better to sign a Notarial deed of recognition of debt .
Maintenance for children
We are often asked to make claims for unpaid maintenance . There can be an evidential problem if the payments have been made in cash on an ad hoc basis with nothing in writing . If you reach agreement about payment it is in the interests of both parties to have a formal record of the payments . The person making the payments will then have proof , and the person receiving can show if payments stop or they need to apply for an increase .
For more information contact us on 952 527 014 or email info @ decottalaw . net .
De Cotta Law ( De Cotta McKenna y Santafé ) Mijas-Costa / Calahonda – Coín – Nerja – Tenerife
Nerja Office : - Calle Diputación 11 , 29780 Nerja Tel : + 34 952 527 014 Fax : + 34 952 523 428 www . decottalaw . com
E-mail : nerja @ decottalaw . net
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