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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche. www.costaluzlawyers.es

Legal tip 339. Easements in Spain 3: party wall
Tuesday, September 7, 2010 @ 12:25 PM

 Party wall easement (regulated in provisions 571 to 579 of the Civil Code): 


A party wall is the legal situation that exists when two properties are separated by a common element, which belongs to the owners of these.

Easement is presumed unless there is title, outward sign or proof to the contrary. This easement is not compulsory and therefore it can only be established by the will of the adjoining owners.

Rights attached to it are therefore what parties agree unless the presumption worked, case when the following rights will exist by force of Law:
  

 1. Repairing obligations are proportional to each adjoining owner´s party wall rights.


 
2.
Each owner is entitled to raise the party wall at his own expense and to compensate the damages that this can cause, albeit temporary.  This owner will have to assume the corresponding maintenance costs.


  
3. Each owner is entitled to use the party wall in proportion to the corresponding rights on it. 

Gibraltar by Roberto Pecino at Flickr.com



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4 Comments


Amanda said:
Monday, September 5, 2011 @ 5:40 PM

Hola Maria,

Please can you help me with an issue regarding a party wall in Spain. Friday 2 September builders turned up at the holiday home ajoining my home in Spain. I live in Spain permanently and have recieved absolutely no notification of intentions to alter the front of the neighbouring property. Nor was a notice displayed in the window of the property.

I had to ask to see the boss to ask what they were going to do to the property. I was told that all they were doing was changing the existing garage door to a single door and a wall with a window, it was my understanding that it was flush with the street. I left my home that day to avoid the noise and mess.
When I returned there hadn't been anything started and the house looked the same as before.

Imagine my distress this morning, 5 September at being woken up with what sounded like a jack hammer digging a hole in my wall. The builder had mislead me on Friday about the extent of the work involved. The plans are to create a porch behind the existing line of the house and inable to do this they have dug in to the adjoining wall.
At no point were we consulted about planned work to the party wall and no easement has been granted.

I am conserned at the possibility of my property being effected and the structural integrity of the wall has been comprimised.

I videoed the damage to the party wall on their side and my conversation with the english builder.
Later today he admitted that the town hall told him he should have spoken to us in plenty of time and considered the fact that it is a party wall (something that he now says he was unaware of)

Please tell me what I can do about this? Can I seek compensation for damages, not being informed in sufficient time to object and noise polution and nuisance?
Hel told me that he has no way of telling exactly how long the work will take. All he said was that the owner is coming for a holiday mid October and he "hopes" to be finished by then!

Many Thanks for any help / advice you can give me on this matter.

Muchas Gracias, Un saludo


Maria said:
Monday, September 5, 2011 @ 7:37 PM

I will be very pleased to assist you with this. Would you mind sending an email to me to: web@costaluzlawyers.es?
Kindest regards,
Maria


mary said:
Friday, April 6, 2012 @ 3:58 PM

A wall has been damaged that is across the road from our property. This is causing the road to subside. The owners of the property below this wall( who knocked some of it down sometime ago) live in england and no longer visit their property.who is resposible for the reapairs needed. The wall extends along the full length of our road. On the wall side there are no houses just the wall and then the grounds that surround the absent owners house. On ourside of the road are several houses, the road only services the houses and ends at the
huerta.What can we do its getting dangerous.


mary said:
Friday, April 6, 2012 @ 5:06 PM

A wall has been damaged that is across the road from our property. This is causing the road to subside. The owners of the property below this wall( who knocked some of it down sometime ago) live in england and no longer visit their property.who is resposible for the reapairs needed. The wall extends along the full length of our road. On the wall side there are no houses just the wall and then the grounds that surround the absent owners house. On ourside of the road are several houses, the road only services the houses and ends at the
huerta.What can we do its getting dangerous.


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