Property Injunctions – Boundary Disputes

Filed under : Civil Law, Conveyancing & Property Law, Litigation, Mediation

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. If you travel in the countryside in Spain you often see white stone borders delineating boundaries of country properties or plots. However 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. Many old deeds – escrituras – describe the boundary as “… to the left the land of Señor.A and to the right the land of Señora.B ….”. 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 dependent on the outcome of your own survey.

The size of the plot or property you are buying will be defined in the deed and this measurement is quoted at the Land Registry. If you already own the 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%. However if there is any substantial modification or the Registrar has reasons to investigate further you may need to go through a more lengthy legal procedure and those owning neighbouring land will be notified before the land registry is changed.

For more information on boundary disputes, injunctions and all property matters or for a consultation with one of our specialist litigation and property lawyers please contact us on [email protected] or call on +34 952 527014