Squatters - what to do??

Seems like a reasonable idea to me.

Hi Rob,

I'm very sorry to hear of your circumstances.  Unfortunately, squatters seem to have greater rights than property owners in Spain.  Presumably, you can provide proof of ownership with the original Deeds for your property?  Nevertheless, be prepared for the squatters to provide a rental agreement for the property, even though the landlord won't appear to be you - a typical ploy.  I'm afraid that, this long after the squatters took possession, your only legal route is to engage a lawyer and take them to court, but expect the squatters to frustrate the legal process wherever they can.  The law changed in 2018, supposedly making it quicker to evict squatters, but in the examples I've heard of recently, it's still taken years, rather than months for the rightful owner to reclaim their property.

https://costaluzlawyers.es/blog/squatters-rights-vs-owners-right-a-common-clash-in-spain/

Good luck!

Kind regards,

Kim

The only legal way to get rid of squatters is applying for an injunction. This must be done bu the legal owner in person providing proof of ownmership and requesting so called "medidas preventivas".

Great advise thanks, thinking about it I could head over there in a few weeks time, and pick up some Aldicarb, meat, and a cricket bat from Decathalon en route. Is the legal route a waste of time then?

Hi Kim

Thank you for taking your time to send me this reply. Quick question if I may, do the squatters get rights to the property if they haven't been evicted over a period of years?

much appreciated.

Completely. Depending on your moral compass, in their complete state of shock you could pretty much ask them for anything.

Hi Rob,

No, they don't - the record at the Land Registry can't be changed without the appropriate, notarised documentation being submitted.  In the case of the property on our urb, the original owners died and, because there was an outstanding mortgage on the property, the children chose not to inherit.  Ownership therefore defaulted to the mortgage provider, in this case, Sabadell bank.  We know that the case is on a long list of court cases waiting to be heard, but Spanish bureaucracy is notoriously slow.

There's another member who has, quite recently, successfully managed to evict squatters from a property in Calpe, who it may be useful for you to have a chat with - his username is Keith001, if you want to send him a private message.  He and I have chatted previously about this subject matter, so please tell him I recommended you to contact him.

Kind regards, 

Kim

Very hard now Rob to shift them especially if they’re elderly. Once 48hrs is up they know to dig in. The current mishmash of a government is enabling this. 

I witnessed a squatting attempt in person in Torrevieja last month where a gang broke in by day & arrived in the evening with a family ready to move in. The neighbours & president of the Urbanisation knowing the elderly Uk owners weren’t there since Covid spotted a light on & checked and found a shutter ripped off & window broken. They actually had the police there investigating when the would be squatters arrived with fake rental agreement in hand. The Eastern European gang themselves who broke in parked down the street though watching the commotion. 

The paperwork didn’t stack up though thanks to the neighbours & President & the police sent the family packing. House has since been secured & alarmed.

There are firms who specialise in removing unwanted squatters, Desokupa being one of the more famous ones with a YouTube & Facebook page but this can be costly. 

They have different methods but aremostly non-forceful offering money to squatters to leave & will stand outside the property blocking it if they don’t. 

I heard a new one from a locksmith there recently where he changed locks for one particular firm who had just recovered a property for absentee owners by standing 2 men for a good number of days on the doorstep.

They didn’t prevent any of the 3 squatters leaving when they wanted to but never allowed them or anybody else either back in. Eventually the last one left after a few days & no money they say changed hands. 

That’s are some of your options Rob.

Best of luck. 

Idiotic reply!