Help illegal squatters

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24 Aug 2009 12:00 AM by mariposa07 Star rating. 82 posts Send private message

Hi there,

does anyone have any experience of dealing with illegal squatters in spainish property, particularly in Murcia.  I've been asked by a desparate neighbour for help, but quite frankly not too sure where to turn, have spoken to the Guardia Civil, who said it wasn't in their remit!!

Any advice would be most welcome.

Thanks



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24 Aug 2009 7:59 PM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

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Are they occupying a private property of a known person?



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24 Aug 2009 8:16 PM by mariposa07 Star rating. 82 posts Send private message

The owner of the property lives in the UK, he rented his holiday apartment out to another english man who then sublet the apartment and disappeared with the money!  The owner is now desparate to get the squatters out, he did not have any type of contract with the first tenant, and the squatters do not have any type of contract either.

Thank you for replying.



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24 Aug 2009 9:06 PM by joanmalaga Star rating in Costa del Sol. 419 posts Send private message

If you ask me i can only see one way out which is to denouce it and take it to court.

Joan





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24 Aug 2009 9:22 PM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

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There is a quick procdure called interdicto for these type of situations.



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Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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25 Aug 2009 7:03 AM by mariposa07 Star rating. 82 posts Send private message

Thank you Maria, what does this involve and do they need to hire a solicitor to act on their behalf.  I phoned the Guardia Civil and they said that they should file a Denouncia at the Jurgado de Murcia.



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25 Aug 2009 2:00 PM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

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Recover injunctions in Spain .

The  Interdicto claim to recover possession can only be used for the discussion of the following:

 

1) Whether the claimant is in possession of the thing

2) If the claimant has been stripped from it by the defendant or by another person on behalf of the defendant 3) If the acts of restlessness or dispossession by the defendant have been accomplished within the year before the bringing of the injuction

4) An spiritual element, a real “animus expoliandi” ( will of stripping) , which is generally implied from the fact of the disturbance.

 It is a  summary procedure for the protection of the fact of possession and not of the right of ownership, which needs a more elaborated judicial procedure (declarative).

 

 

 

 


 



This message was last edited by mariadecastro on 25/08/2009.

_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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25 Aug 2009 2:28 PM by mariposa07 Star rating. 82 posts Send private message

Maria,

thank you very much for your comments, I will pass them on to my neighbour, I think they will need to hire a lawyer as I really don't see how I can help them.

Can you recommend anyone in Murcia?

 



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