Legal help sought - Car access to own property - legal right in Spain?

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21 Jul 2009 00:00 by tugmd Star rating. 3 posts Send private message

Many people here in Spain have told us that it is a legality for every house to have a drive access to their properties.

For example - for emergency services and deliveries.

Currently we are under threat of having our 'right of access' blocked  by a Spanish neighbour who wants to complete the building of a villa, which commenced 4 years ago, only the shell was completed and it has been left untouched since this initial stage. He has now reappeared and says the land, which our 'right of access' is over, (to the East of our Villa) belongs to him and he now intends to erect a stone wall around his entire property, therefore terminating any access we have to our villa.)

We bought this house 18 months ago, and were assured (verbally) by the abogado, that the camino de acesso was in our escritura and so everything was correct and legal, and not to worry!!

The Camino de acesso has been in use for 30 years, by the previous owner.

So are we worried? -YES

The Ayuntamiento have told us that the General Plan states we have an access on the other (West) side of our villa, and we should use it.......Show us the road, and we will.....it was never built!! 

They also say we have to pay for this road to be built - WHY?

Surely if it is on the General plan, then the Ayuntamiento or the promotors of the original build work should have a resposibilty to provide this road, it should have been built 30 years ago when the Finca Matrix was split into parcelas.

We are situated on a middle plot, and will therefore have no direct drivable access to our villa.

Any helpful thoughts on this......please





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22 Jul 2009 10:26 by nyk1974 Star rating. 28 posts Send private message

Where abouts in Spain is your property?

 

Nick





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22 Jul 2009 12:05 by tugmd Star rating. 3 posts Send private message

Hi NYK1974

We are in Benissa, Nr Calpe North Costa Blanca.





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22 Jul 2009 17:43 by tugmd Star rating. 3 posts Send private message

Hi NYK1974

Sorry but currently cannot access private posts. Please could you correspond on normal 'post reply'

Thanks





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23 Jul 2009 09:18 by mariadecastro Star rating in Algeciras (Cadiz). 8586 posts Send private message

mariadecastro´s avatar

Tugmd,

I would certainly need to see what is in the registry information about your property . Of course every property needs to have an access, but not necessarily a drive access. If necessary, you can impose the access through the next property with a proper compensation.

Again, an specific legal check out of facts and rights is needed in your case. I am sure your lawyer will be able to fully assist you with this.

Best,

Maria


 



This message was last edited by mariadecastro on 23/07/2009.

_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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