Where clients get caught out
Deadlines in property disputes are short and easy to miss: challenging a community resolution, claiming for certain defects or reacting to a court notice. Waiting to 'see what happens' often loses the right to claim.
Property disputes we handle in Mallorca
| Dispute | Typical solution |
|---|---|
| Failed purchase and deposit | Claim or defence based on the arras contract |
| Building defects | Claim against developer, builder or architect |
| Boundaries and rights of way | Survey, negotiation, court action |
| Community of owners | Challenge of resolutions, unpaid fees, works |
| Co-ownership | Agreement or court-ordered division or sale |
| Occupants | Recovery of possession through the courts |
Settling a property dispute out of court
Most property disputes end in agreement once both sides see the legal position clearly. We send a reasoned demand and negotiate, and use mediation where useful. See mediation in Mallorca.
Litigation in Mallorca
When agreement is not possible, we take the case to the courts of Palma and the island, with expert reports from architects and surveyors where needed. See civil lawyer in Mallorca.
Defects in new builds
Spanish building law gives guarantees against defects for one, three or ten years. We coordinate the technical report and the claim. See new build and off-plan purchases.
Example: property disputes in Mallorca
Based on situations we commonly see; not a specific client. Two siblings co-owned their late parents' house in Llucmajor and could not agree on selling it. After failed negotiations we filed for division of the common property; faced with a court-ordered sale, the other sibling agreed to buy our client's half at market value.
Our collaborators for property disputes in Mallorca
For every service we work with trusted collaborators when a matter needs them: notaries, architects and surveyors, tax advisers at Castell.tax, sworn translators, banks and mortgage brokers, property managers and specialist lawyers in other parts of Spain. You keep one lawyer as your single point of contact, and we coordinate everyone else.
Castell.law is the English and German-speaking practice of Castell Abogados, a law firm in Palma de Mallorca. This page is general information, not advice on a specific case: laws and procedures change, so check your situation with us before acting.
Not sure where you stand? Ask before you sign
Tell us about your matter or send us the documents you have. A lawyer will explain the risks, the options and the cost before you commit to anything.
Questions about property disputes in Mallorca
Can I recover my deposit if the seller withdraws?
With penitential arras, the seller must return it doubled.
How long do I have to claim for building defects?
It depends on the defect: one, three or ten years, plus claim deadlines.
Can I force the sale of a co-owned property?
Yes, any co-owner can ask the court to end the co-ownership.
Do you try to settle before going to court?
Yes, most disputes are resolved by negotiation.