Posted: Fri Jul 5, 2019 10:14am
Just picked up your e-mail, Carmel,
My wife and I own a 'cuatro' in Orihuela Costa and our neighbour in the next edifice glazed the whole of his bedroom balcony and the whole 20 square metres of his solarium, taking all the morning sunlight from our property and sea view.
The side elevation of the obstruction mounted to 20 square metres.
He did not ask permission from us, the Community, or the Ayuntamiento.
The Community president did nothing and neither did the Administrator.
I reported it to the Ayuntamiento and they fined him and issued a demolition notice, which they did not enforce and referred the matter back to the Administrator.
At the AGM, the neighbour failed to obtain the three fifths majority to obtain approval but the President refused to act because she was
friendly with my neighbour.
After much agonising and deliberation I contacted Spanish Solutions in La Zenia, who put me in touch with their legal team and a Spanish Barrister.
The neighbour ignored the legal challenge and the matter was referred to the Court of First Instance in Orihuela and we won our case on the grounds that the extensions 'prejudiced our rights as owners' with respect to light, views and privacy. The case went to appeal at the High Court in Elche and was upheld.
The neighbour was ordered to take down the illegal extensions and restore the property to its original condition, which he has now done.
He was also ordered to pay the court costs.
I estimate it cost me around 2000 euros, but well worth it, as it has restored the marketable value of my property.
Right from the start, the barrister told me that we would win, because he had been 100% successful in dozens of similar cases where these
structures 'prejudice the rights of another owner'.
He told me that it would not have made much difference, even if the Community or even the Town Hall had given their permission.
In fact, we could have taken the Community, President and Town Hall to court, but the most direct and quickest way was to take our
neighbour to court.
It was an interesting experience, but I was supported throughout the trial by a Spanish/English translator and the Judge was excellent and et me at ease.
There is therefore a remedy for you in Spanish Law, Carmel.
I wish you the best of luck
Best regards,
Roger Jones
My name's Alex and this is my website all about Orihuela Costa in Spain. Register now for free to talk about General Orihuela Costa discussion and much more!
