IS SQUATTING ILLEGAL IN SPAIN?

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07 Apr 2010 00:00 by ukhcc1 Star rating. 45 posts Send private message

I mean squat a property that you have paid towards 50000 euros that is sitting empty with no one seems to own outright?

is posession half of the law?





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07 Apr 2010 09:52 by EOS Team Star rating in In Spain of course!. 4017 posts Send private message

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I have always said that the coasts are like squatters heaven.  So many empty properties.

I remember seeing on the TV where loads of gypsies had set up home in a new urbanisation, making use of all the empty apartments.  They were swiftly thrown out by the Guardia Civil.

So on that basis I assume it is illegal but I'm not 100% sure.

Justin



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07 Apr 2010 09:57 by Fly380 Star rating in Las Filipinas, Orihu.... 255 posts Send private message

Again second hand information but I have heard that if you have lived in a property for 5 years ie no Escatura (thankyou Atlas, Tecnologia Urbanistica and Aroca Sequeir) then you can claim squatters rights but you would obviously have to check this out with a lawyer.





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07 Apr 2010 12:00 by mariadecastro Star rating in Algeciras (Cadiz). 8857 posts Send private message

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 You can use a house as yours till... any other one claiming ownership on it come to you for leaving it. Even then, he cannot sack you unless he has a judicial order.



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07 Apr 2010 12:53 by Sanchez1 Star rating. 852 posts Send private message

I'm surprised that there's not more squatters down where we are.  There's whole urbanisations that are completely deserted.  I guess renting is so cheap now thatn there's not much need for squatting.



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07 Apr 2010 16:27 by ukhcc1 Star rating. 45 posts Send private message

Maria,

if we have to go live in the property and squat it as a basis of it is ours as we have already paid 47000 euros towads it, and it is not our fault TU did not want to produce the habitacion certifcate to CAM bank to get the mortgage, then clearly it is not our fault.

i was told that as long as i am not found breaking an entry at the time by the police where i can be arrested for criminal damage or forcing an entry, if i can access the property without anyone noticing and no police called, then i can change the lock and live normally is that correct.

 

I am deseperately looking for solution to my awful experience in spain. pls anyone with nice ideas





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07 Apr 2010 19:44 by claire T Star rating in Torremendo, Orihuela. 689 posts Send private message

EOS Supporter

Hi ukhcc1 - have you tried speaking to Martina Scheurer (martina.scheurer@gmx.net) of the local Green Party?  She has worked hard to get some of the thousands of outstanding Habitation Certificates issued in Orihuela Costa, although there are many which are still not through yet.  People have been on builders' water and elec for years around here and there are parts of our area which look totally desolate.

Her office is in Las Filipinas, urb Pueblo Principe, 200m away from the Mercadona, at the end of the street, on the 2nd floor of that old building - she is there Tuesday, Wednesday and Thursday mornings.
 

You could also approach the Round Town News as they are following the story closely.

Clearly, if you did decide to squat in your property then you would not have access to water or electicity, but then there are many who have moved in properly who don't have this either!

Good luck whatever you decide to do.

 



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07 Apr 2010 22:57 by ukhcc1 Star rating. 45 posts Send private message

Thank you Claire for the advice.

TU is pushing us to do things we have never envisaged to do, we wanted a dream in sunny spain and we may end up squatting our own property.

appreciate your support





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16 Apr 2010 08:47 by ukhcc1 Star rating. 45 posts Send private message

does anyone tell me please if you know of any squatting laws in spain, or you know of someone who squatted a property in spain, especially if they already paid 50000 euros to THE SCRUPULOUS technologia urbanistica as we did, or can i assume also that if you have not got your escritura, habitacion certificate , you are also squatting too, therfore can you be evicted by the police or the long useless judges decision that make take eternally to reach one, just like we are already in our 4th year waiting for a court case against TU.





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17 May 2011 15:55 by ukhcc1 Star rating. 45 posts Send private message

Maria, what does it take to have a judicial order.

apparently T Urbanistica is bankrupt hence they will not come and ask for it, would the bank will if they find out?

how long could we live in it before we can claim right to it?

thanksanistica is gone under and the property is under our name.





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17 May 2011 17:07 by mariadecastro Star rating in Algeciras (Cadiz). 8857 posts Send private message

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 20 years.

It is very likely that the Bank will enforce their rights on the property before this.

Again: action 1segundo of Law 57/68

Best,

Maria



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12 Jan 2013 16:50 by doedoe Star rating in Berkshire. 59 posts Send private message

 Hi Maria,

I have a question for you on Squatters.

My experience with Squatters or undesirable residents is that in our Complex there are now 9 families who say thay have a rent book or permission to live in the empty apartments. NONE of these families are paying any utility bills yet break into the electricity room and turn the electricity & water on for the apartments they have lived in for the last year. The Police or the Administrators have not seen proof of this permission to live in the complex.

There are 16 apartments bought by private owners and many are still owned by the Builder and the Bank who has claimed half of the remainder as bad debt from the Builder.

The Builder has a company renting his apartments to undesirables who are distroying the building and causing problems for the three Families of Nationals who are purchasing via a morgage. Any damage the community fund is paying to repair.

The police have been called several times to report the damage these undesirables are doing. The Police say they can do nothing because the building has no Habitation Certificate. 

Several Owners mostly Non Spanish owners are not happy. They pay the 80 euro Monthly.community fee which covers the utility bills and hopefully to save for the work to be done that the Builder has failed to do. These undesirables use the facilities & utilities yet pay not a cent towards the cost. 

The 16 purchasers who over 6 years ago, did manage to complete and have the deeds or morgages to prove ownership of their apartment are afraid of many of these undesirables and do not approch them for fear of the violents actions they have shown in the last year. 

The Administrators & President of our community have worked tirelessly to seek permission from the local council to get approval for our Utility Meters installed (We all paid the Builder for this work to be done 6 years ago) and have failed because the council just do not do anything to help us.

The Bank who owns more apartments than the builder started court proceeding 15 months ago yet we are still in the same position. Are we the only complex with this problem

IF SQUATTING IS LEGAL THEN WHERE DO THE OWNERS WHO ARE SUFFERING STAND.   

Are other complexes suffering as we are.

 

 

 

 

 

 


This message was last edited by doedoe on 12/01/2013.

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14 Jan 2013 14:17 by mariadecastro Star rating in Algeciras (Cadiz). 8857 posts Send private message

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DoeDoe:

Who is the owner of properties where the squatters are living?



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El blog de Maria



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