Neighbour trespassing

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18 Feb 2018 11:56 AM by MarineRetreat Star rating. 3 posts Send private message

Hi we are new to this. Having bought a property in Galicia at the end of 2015 and developed it, we have a neighbour, a Notario, who frequently climbs over our fence and damages our property.We have more than 70 images of him in our garden over 17 days out of 51? Any thoughts about a legal process to prevent him doing this?.





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18 Feb 2018 1:06 PM by windtalker Star rating. 1883 posts Send private message

Have a word with him if that fails ..simply call the Police.





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18 Feb 2018 1:26 PM by baz1946 Star rating. 2304 posts Send private message

Yeah, stick one of those 'Denuncea'  thingys on him, then fill out a 'Complaints form', these seem to fix just about everything on here apart from a leaking tap.





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18 Feb 2018 2:09 PM by acer Star rating. 1493 posts Send private message

An excess of raw meat in your diet Baz1946.  Never good to pick a fight, without knowing the full facts - a notario even less.  As the great man said "jaw jaw is better than war war".

It obviosly needs sorting and you may be better off with a good witness - best not another bloke, which might be understood. 

Personally I would invest in a female interpreter, or a lady gestor - as a breed they seem remarkably helpful.



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Don't argue with an idiot, he will drag you down to his level and beat you with experience.



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18 Feb 2018 2:38 PM by johnzx Star rating in Spain. 5240 posts Send private message

I do not know the law on this is Spain, but in UK there is no offence of trespass on private land.  It may be the same in Spain.

Of course causing damage, depending on the circumstances, would probably amount to a criminal act and so you could make a denuncia (a crime report) to the Guardia Civil or Policía Nacional, depending on which has jurisdiction for that area.

It is a civil matter in UK , The signs that say 'trespassers will be prosecute' have no significance in law.

 

PS You mention photos.  Be aware, there are strict laws in Spain regarding videos cams in public areas.  Ensure you would not be 'shooting yourself on the foot' by making a report.

 


This message was last edited by johnzx on 18/02/2018.



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18 Feb 2018 8:22 PM by briando55 Star rating in Yorkshire. 1982 posts Send private message

If you can’t reason with this person, can you send a letter from another notario to set out your opinions?  

The housing act in the UK allows you to seek ASBO’s (or whatever the tories renamed them) and apply for injunctions in civil courts.   



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Best wishes, Brian

 




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18 Feb 2018 9:55 PM by Kavanagh Star rating in Oil Drum Lane Newcas.... 1225 posts Send private message

Kavanagh´s avatar

PC99 Anti-Vandal Coating

A non-setting anti-intruder and anti-climb coating, based on petroleum derivatives and durable pigments.



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There is enough in the world for everyone, but not enough for the greedy!



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20 Feb 2018 7:56 AM by mariadecastro Star rating in Algeciras (Cadiz). 9380 posts Send private message

Legal Questions? Speak to Maria Direct

MarineRetreat:

If you have pictures of him in your property damaging your garden, you have enough evidences to present an accusation of damages 



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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20 Feb 2018 6:51 PM by MarineRetreat Star rating. 3 posts Send private message

Hello Maria thankyou for your response.We have signage on the outside of our property placed by the house alarm company but the 70 odd photos of him in our garden were taken by a wildlife camera that we installed . does this create a problem?





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20 Feb 2018 7:21 PM by mariadecastro Star rating in Algeciras (Cadiz). 9380 posts Send private message

Legal Questions? Speak to Maria Direct

It does not.

As an owner you are entitled to take any pictures in your garden. He is who is not allowed to be there!

M

 



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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20 Feb 2018 7:33 PM by johnzx Star rating in Spain. 5240 posts Send private message

Maria,  am curious,  is there a criminal offence in Spain of just trespass, that is other than on government/military land ?





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20 Feb 2018 7:35 PM by Kavanagh Star rating in Oil Drum Lane Newcas.... 1225 posts Send private message

Kavanagh´s avatar

MarineRetreat

What has he said when you have confronted him?.



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There is enough in the world for everyone, but not enough for the greedy!



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20 Feb 2018 7:58 PM by mariadecastro Star rating in Algeciras (Cadiz). 9380 posts Send private message

Legal Questions? Speak to Maria Direct

Of course, burglary is a criminal offense in Spain, the typical conduct consisting on that of "the individual who, without dwelling in it, enters another's dwelling or remains therein against the will of its inhabitant".



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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20 Feb 2018 9:04 PM by johnzx Star rating in Spain. 5240 posts Send private message

I was the thinking of trespassing on land rather than in a dwelling.

 

 


This message was last edited by johnzx on 20/02/2018.



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20 Feb 2018 9:33 PM by Kavanagh Star rating in Oil Drum Lane Newcas.... 1225 posts Send private message

Kavanagh´s avatar

We’ve all been had here; they have never even spoken to the man. Seems they have watched him from behind the curtains and taken 71 photos.



_______________________
There is enough in the world for everyone, but not enough for the greedy!



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20 Feb 2018 9:54 PM by MarineRetreat Star rating. 3 posts Send private message

Bit quick off the mark Kavanagh. I am not trying to have anybody on. I don,t live full time in the house as yet, These events have taken place in our absence. I am not the sort of person to hide behind the curtains , or any where else for that matter . However I am grateful for the constructive feedback from others on this site and will be returning to Spain at the weekend to sort this out. Thanks all .





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20 Feb 2018 11:25 PM by Kavanagh Star rating in Oil Drum Lane Newcas.... 1225 posts Send private message

Kavanagh´s avatar

Perhaps worth mentioning in your OP?.



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There is enough in the world for everyone, but not enough for the greedy!



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21 Feb 2018 2:15 PM by mariadecastro Star rating in Algeciras (Cadiz). 9380 posts Send private message

Legal Questions? Speak to Maria Direct

Yur garden is part of the private property which constitutes your dwelling



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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21 Feb 2018 3:04 PM by johnzx Star rating in Spain. 5240 posts Send private message

Thanks Maria.    

In U.K. there is no criminal offence of trespass on land (unless it is government or military land) nor even inside a property, including a person’s home, if it is just trespass only

 In 1982 Micheal Fagan was found inside the bedroom of the queen of England  at Buckingham That person was not convicted at court as it was accepted he was only trespassing at Buckingham palace

As the man had it was said consumed half a bottle of wine, he had stolen the wine, that having been correct he should have been convicted of burglary ( stealing as a trespasser). A perverse jury decision 


 


This message was last edited by johnzx on 21/02/2018.



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21 Feb 2018 4:31 PM by Kavanagh Star rating in Oil Drum Lane Newcas.... 1225 posts Send private message

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What’s the UK got to do with Spain. This is Eye on Spain not UK.



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There is enough in the world for everyone, but not enough for the greedy!



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