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Fernández BethencourtLawyers · La Laguna · Since 1987

Real estate lawyer in Tenerife

Property purchases and deposit contracts, auctions, evictions, communities of owners, development and new builds. A law firm in La Laguna since 1987, with cases in every court in Tenerife. We tell you what to check before you sign and what to do when something has already gone wrong.

1987
Firm founded in La Laguna
+5.700
Cases handled
4.4 ★
57 Google reviews
Whole island
La Laguna, Santa Cruz, north and south

What a real estate lawyer does and when you need one

Real estate law covers everything that can happen to a home, a business premises, a plot or a building: buying it, selling it, letting it, inheriting it, building it, dividing it or recovering it. In Tenerife there are also local rules at play: the Canary Islands regulations on holiday lets, municipal planning rules, restrictions on rural land, and a market with many foreign buyers and many inherited properties that were never properly registered.

A real estate lawyer is useful for two things. Before the deal, to avoid the problem: checking the property at the Land Registry and the Cadastre, verifying charges, occupants and licences, and drafting a deposit contract that protects you. Afterwards, when the problem already exists, to solve it: claiming a deposit, recovering a home that is occupied or let without payment, clearing a property bought at auction, or defending your interests against a community of owners, a developer or a seller.

Fernández Bethencourt Abogados has handled property matters since 1987. Our office is on Avenida de la Trinidad in La Laguna, a few minutes from the courts, and we act in every judicial district on the island: Santa Cruz de Tenerife, La Laguna, La Orotava, Puerto de la Cruz, Icod de los Vinos, Güímar, Granadilla de Abona and Arona.

Real estate legal services in Tenerife

Buying a home and the deposit contract (arras)

We check the property before you hand over any money and draft or correct the deposit contract so it reflects what was really agreed: price, deadline, which charges each party assumes, the condition of the home and what happens if one party pulls out.

  • Land Registry extract, Cadastre, community and IBI debts, first occupancy licence and habitability certificate
  • Penitential, confirmatory and penal deposits: which suits you as buyer or seller
  • Court claims for the deposit when the other party defaults
  • Support at the notary and registration at the Land Registry

Más sobre compraventa y arras →

Court auctions and assignment of the winning bid

Buying at an auction on the Spanish official auction portal (BOE) can be a good deal or a problem that lasts years. The difference lies in what is checked before bidding and how the award is handled afterwards.

  • Review of the auction notice, the prior charges that survive and the status of the enforcement
  • Bidding, assignment of the bid to a third party and the award order
  • Cancellation of charges, registration and taking possession; eviction of occupants if any
  • Purchase of mortgage loans and debt secured on property

Evictions and recovering your property

If your tenant does not pay, if the contract has ended and they will not leave, or if someone is occupying your home without title, the route is a court eviction procedure. We prepare it so it reaches the court without defects that would delay it.

  • Eviction for non-payment and recovery of unpaid rent
  • Eviction on expiry of the term and non-renewal of the contract
  • Eviction for unlawful occupation: homes lent to relatives or occupied without a contract
  • Prior formal notices by burofax and negotiation of the handover of keys

Más sobre desahucios →

Rental contracts and holiday lets

A good contract prevents most evictions. We draft residential, seasonal, commercial and tourist-use contracts adapted to national law and to the Canary Islands regulations on holiday lets.

  • Residential, seasonal and commercial lease contracts
  • Holiday lets in Tenerife: requirements, community of owners and disputes with neighbours
  • Rent updates, deposits, works and early termination
  • Defence of tenants against unfair terms or improper evictions

Communities of owners

We advise both communities and individual owners. We know both sides of the table, which helps resolve many disputes before they reach court.

  • Court claims against owners in arrears with community fees
  • Challenging meeting resolutions and defending the community against challenges
  • Works on common elements, damp, leaks and damage between neighbours
  • Setting up communities and drafting or amending their statutes

Development, new builds and horizontal division

We support developers, builders and private individuals who build or renovate, from buying the plot through to selling the homes, storage rooms or garages.

  • Land purchase and planning analysis against the municipal plan
  • Construction contracts with builders, architects and trades
  • New-build declarations, horizontal division, segregations and mergers of plots
  • Construction defects: claims against the developer, builder and technical professionals

Más sobre promoción y obra nueva →Vicios de construcción y obras mal ejecutadas →

Land Registry, boundaries and inherited properties

In Tenerife many homes and plots never reached the Land Registry, or are recorded with a surface area or boundaries that do not match reality. We regularise the situation so you can sell, mortgage or divide the property.

  • First registration of properties and title proceedings
  • Boundary demarcation, correction of surface area and ownership claims
  • Rights of way, party walls and boundary disputes
  • Division of jointly owned property between heirs or co-owners

Property investment and foreign buyers

We advise private investors, holding companies and non-resident buyers purchasing property in Tenerife. We work in Spanish and English and coordinate with notaries, administrative agencies and banks.

  • Full due diligence before buying: Land Registry, Cadastre, planning and occupancy
  • Buying through a company, investment structures and arrangements between partners
  • Representation by power of attorney for those who cannot travel
  • Returns: contracts, incident management and recovery of possession

Más sobre inversión inmobiliaria →

Why choose us for your property matter

We are a small firm by design. Each case is studied and handled by the same lawyer from start to finish, and you speak to him, not to an intermediary.

We know the island's market

We know what to check in a house in Taco or La Cuesta, an apartment in Las Américas or a rural property in Valle de Guerra, because we have dealt with these matters for decades.

A fixed written quote

Before we start you sign an engagement letter stating what is and is not included. No surprises on the invoice.

We tell you the truth about your case

If a claim has no prospects or a purchase is a bad deal, we tell you at the first consultation, even if that means not taking the case.

Speed when there are deadlines

An auction, a claim served on you or a formal notice all have a date. We reply within 24 working hours and act before the deadline runs out.

Frequently asked questions about property law in Tenerife

Do I need a lawyer to buy a house in Tenerife if there is already a notary?

The notary certifies what is signed, but does not defend your interests or review the deal on your behalf. A lawyer checks, before the deposit is paid, that the property is free of charges, debts and occupants, that the home is licensed and that the contract protects you if something goes wrong. It costs far less than undoing a bad purchase.

What happens if the seller pulls out after signing the deposit contract?

It depends on the type of deposit. With a penitential deposit (arras penitenciales), a seller who withdraws must return double the amount received, and a buyer who withdraws loses what was paid. With a confirmatory deposit, performance of the contract or compensation can be demanded. That is why the contract must state clearly which type it is.

How long does an eviction take in Tenerife?

It varies by court and type of eviction. A well-prepared eviction for non-payment usually takes several months up to the removal; evictions for unlawful occupation and those involving people in vulnerable situations can take longer. At the first consultation we give you a realistic estimate for your case and your court.

Is it safe to buy a property at a court auction?

It can be, if it is studied beforehand. You need to check the prior charges that are not cancelled by the award, whether the property is occupied and by whom, and the status of the proceedings. We analyse the auction notice and the property before you bid, and afterwards we handle the award, registration and handover of possession.

Can I let my property as a holiday rental in Tenerife?

It depends on Canary Islands regulations, the municipal planning rules and the statutes of your community of owners. Before investing it is worth checking all three, because a change of use without cover can end in fines or a lawsuit with the community.

What do I do if the house I inherited is not registered?

This is common in Tenerife. It can be regularised through title proceedings or a first registration, depending on the case, and the surface area and boundaries corrected with the Cadastre. Until it is registered it is difficult to sell it, mortgage it or divide it between heirs.

How much does a real estate lawyer cost?

We work with a fixed written quote, set before we start according to the matter: reviewing a deposit contract is not the same as handling an eviction or a construction-defects claim. We tell you the fee for the first consultation when you book, and it is deducted if you instruct us.

Do you cover the south of Tenerife and the other islands?

Yes. Our office is in La Laguna, but we handle cases in the courts of Arona, Granadilla de Abona, Güímar, La Orotava, Puerto de la Cruz and Icod de los Vinos, and on the other islands too. Most steps are handled by phone, video call and electronic signature.

Buying, selling or facing a problem with a property?

Tell us about the deal or the dispute and we will tell you what to check and what options you have.

Speak to a real estate lawyer

We reply within 24 working hours to say whether we can help and to arrange a consultation.

Office
Avenida de la Trinidad 13, 4th floor
38204 San Cristóbal de La Laguna, Tenerife
Opening hours
Monday to Friday, 8:30 am to 5:30 pm

Related areas: banking law and mortgages, inheritance and family, civil law and contracts, corporate and company law.

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