Property injunctions – Boundary disputes

Filed under : Conveyancing & Property Law, Litigation

In Spain it is possible to obtain court injunctions where there is evidence that a neighbour is building on part of your property or building without a licence and the construction affects your property rights. For example, if you live in a village house and a neighbour starts to build over a terrace or adjoining a wall affecting your property you would need to seek legal advice.

An injunction is a civil legal procedure and you can petition the court to make an urgent decision to stop the building work. In many cases you will be asked to lodge funds with the court if the injunction is granted. This procedure applies whilst the construction is ongoing. If you should return to a property and find that work has already been completed there is a different legal procedure.

Boundary disputes more often arise in rural areas. Where there is no marked boundary or a clear geographical division such as a river bed – arroyo – or track, it can be much more difficult to define or agree a boundary.

When purchasing such property your lawyer can ask for a topographical plan and can arrange this with the vendor’s lawyer or you can choose to make the purchase dependant on the outcome of your own survey. If you already own a property and arrange for a surveyor’s plan which shows a variation you can return to the Notary and request rectification of the existing deed if the percentage of modification is less than 0,05%.

For a property consultation please contact us on [email protected]  or telephone 952 527014.