Lawyou is an independent law firm that collaborates with each other and has specialists in all areas of law, including civil law. Specifically, our experts, who are distributed throughout the country, can advise on leases and horizontal property, among others.
What are the leases and horizontal property?
A lease, according to article 1,493 of the Civil Code, is a contract under which «two parties bind each other, the one to grant the use or enjoyment of a thing, or to execute a work, or to render a service; and the other, to pay for this use, enjoyment, work or services, a price determined in money «. The first is called the landlord and the second tenant.
From this definition of our Civil Code we can deduce that there are different types of leases:
• Leases of things, in which one party is obliged to give the other the enjoyment of a thing in exchange for a price.
• Leases of works, defined as contracts in which a party is obliged to execute a work in exchange for a price.
• Leases of services, known as those in which a party provides a service for which it receives a consideration.
• Rustic leases are those in which what is given is the enjoyment of a rustic farm or one of its uses in exchange for an income.
• Urban leases, in which one part yields to the other the use of an urban farm in exchange for a certain price.
For its part, the concept of horizontal property is included in both the Civil Code and the Horizontal Property Law. The horizontal property is a special property constituted by the owners of the flats and premises that form the same building and that are susceptible of independent use. In these cases, the owner of the apartments has an exclusive right over them and a right of co-ownership over the common elements of the property.
These regimes can give rise to conflicts within the community and that is why it is necessary to know well the applicable regulations and the operating bodies.
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