Legal Definitions - ENAJENACIÓN

Enajenación is a term from Spanish law that refers to the act of alienation. In essence, it means the legal transfer of ownership or a significant right in property, most commonly land or real estate, from one party to another.

This transfer can occur through various legal mechanisms, resulting in the original owner no longer possessing the full rights or title to the property, or having those rights significantly diminished by the transfer of an interest to another party.

• Example 1: Sale of a Residential Property

  A family decides to sell their vacation home in Spain. They sign a purchase agreement and then a public deed of sale before a notary, transferring the title of the property to the new buyers. This entire process, culminating in the legal change of ownership, constitutes an enajenación of the property.

• Example 2: Gift of Agricultural Land

  An elderly farmer in a Spanish-speaking country wishes to pass on a parcel of agricultural land to his niece as a gift, rather than through inheritance. He executes a formal deed of gift, legally transferring the ownership of the land to her during his lifetime. This voluntary transfer of title without monetary exchange is also an act of enajenación.

• Example 3: Corporate Real Estate Transaction

  A large corporation operating in a jurisdiction governed by Spanish law decides to divest itself of a warehouse facility it no longer needs. It enters into an agreement to sell the warehouse to a logistics company. The legal steps involved in transferring the ownership and title of the warehouse from the corporation to the logistics company represent an enajenación of that commercial real estate.