Solicitor

By no means I want to discourage you, but Spanish legal practices differ from the ango-saxons, and your intent may result a a throw back. Courts are overburdened and average waiting time to be heard is about 2 years. Pentintiaries are overcrowded and terms up to 2 years are not served. Civil claims my be successful but getting your money is something quite different. Better think it over or give me some details (PN) in order to get the idea. 

Hi Val,

Sorry to hear about your predicament.  Depending on what the issue is, there may be alternatives to legal action.  For example, a friend whose neighbour erected a party wall more than 2m high and without planning permission have been forced to correct it by the Town Hall.  Of course, you may already have established that legal action is your only recourse, but if you don't mind sharing a little more detail, there could be other options.

Kind regards,

Kim

Rediculous . Contact the citezen advice b .in spain tell them the problem & get their advice .The courts move much faster now the have got a lot more courthouses now .Best of luck 

Killjoy regularly lives up to his name unfortunately……

Don’t see many positive or uplifting comments from him…

Hi Kim

Thank you for your response.  We bought the house and told that because the property has a 50/50 horizontal share of the land with the next door neighbour and the pool wasn't registered we would need his permission to register it but asssured me it wouldn't be a problem.  Neighbour refused to sign despite the fact there was no community and no reason for him to say no, we are elderly and initially tried to be good neighbours but three years on and we are still fighting for a signature.  We delved into the details furtther and discovered an extension had been built but this was done legally with the town hall but still had never been registered for the same reason, no signature.  We have, so far, used three solicitors but all they want to do is take our money and do nothng except keep sending the neighbour emails threatening court action but never actually doing anything.  He keeps using delaying tactics like oh i will meet up with your solicitor next time I am in Spain, he is German by the way and lives in Germany only coming to Spain about twice a year but never came at all last year.  We don't want to extend the house or do any alterations, we just want to sell it but can't until everything is registered.  The neighbour even tried to buy the house for 100,000 euros less than market value.  Then tried to get some friends of his to buy it for slightly more money but the were just teasing us and had no intention of buying.  

We have finally registered everything and should have a calification certificate from the land registry in the next few weeks but it has a defectos uno on it and wont be legal until the neighbour signs it.  So we need to take him to court to ask the judge to force him to sign as he has no reason not to.................any suggestions Kim ?.  

Thank you.....just what you dont need in such a stressful situation.   Maybe he can read the reply I have now sent to Kim and see if he is still as helpful. x

Try westmed Torrevieja   Pedro . He's good but not sure he has time . 

Westmed consultants tell him what happened by email & see what he says .He's good .

Best of luck 

Each to their own but we are trying to comply with the law in registering our house with the land registry, as per the law, and he is preventing us from obeying the law.

I was going to answer this morning, but Bibba has said everything that I was thinking. You believed what you were told verbally, and it hasn't worked out as you wanted.

Your decision is between living with the situation as it is, or selling to your neighbour. And only you can decide.

I wish you you the very best.