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Squatters

Posted: Sun Apr 18, 2021 11:59pm
82 replies3014 views9 members subscribed
Karen204

Posts: 28

13 helpful points

Location: Torrevieja

Joined: 12 Apr 2021

Can anyone offer any advice on how to deal with squatters?  I understand the formal eviction process route can take 12 months.   Anyone successfully evicted their squatters?  Who did you use?   Advice sought urgently.  Many thanks

Kimmy11

Posted: Mon Apr 19, 2021 12:45am

Kimmy11

Legendary helpful member

Posts: 4316

8362 helpful points

Joined: 8 Aug 2017

Posted: Mon Apr 19, 2021 12:45am

Hi Karen and welcome to the forum,

I'm sorry to hear of this distressing situation happening to anybody.  Were the squatters reported to the police within 48 hours of them taking possession of the (your?) property?  If not, I'm afraid your only other option will be to follow judicial route.  

Kind regards,

Kim

Karen204

Posted: Mon Apr 19, 2021 1:18am

Karen204

Original Poster

Posts: 28

13 helpful points

Location: Torrevieja

Joined: 12 Apr 2021

Posted: Mon Apr 19, 2021 1:18am

Kimmy11 wrote on Mon Apr 19, 2021 12:45am:

Hi Karen and welcome to the forum,

I'm sorry to hear of this distressing situation happening to anybody.  Were the squatters reported to the police within 48 hours of them taking possession of the (your?) property?  If not, I'm afraid your only other option will be to follow judicial route.  ...

...

Kind regards,

Kim

Hi Kimmy

Yes the police were called immediately.  They did nothing.  A denuncia was presented the next day.  The police did nothing, except say they would hand the matter over to the Court.   I have spoken to a lawyer who has a similar case on-going.  The paperwork was prepared in Sept 2020, but has yet to be heard in the Court !!   The okupa broke through a total of 5 locks to gain access into the house.  I cannot understand how the police allow this to happen.  It makes no sense.  

Regards

Karen 

killjoy

Posted: Mon Apr 19, 2021 7:31am

killjoy

Super helpful member

Posts: 1801

1048 helpful points

Location: Orihuela Costa

Joined: 4 Nov 2017

Posted: Mon Apr 19, 2021 7:31am

Once the squatters are inside the homne, the police cannot do anything, it's wasting time. Instead, immediate legal action shouild and must be taken by the legal owner, requesting "medidas preventivas" (preventive measures) from the court's secretary. Any lawyer knows how to proceed successfully.

Karen204

Posted: Mon Apr 19, 2021 9:26am

Karen204

Original Poster

Posts: 28

13 helpful points

Location: Torrevieja

Joined: 12 Apr 2021

Posted: Mon Apr 19, 2021 9:26am

killjoy wrote on Mon Apr 19, 2021 7:31am:

Once the squatters are inside the homne, the police cannot do anything, it's wasting time. Instead, immediate legal action shouild and must be taken by the legal owner, requesting "medidas preventivas" (preventive measures) from the court's secretary. Any lawyer knows how to proceed successfully.

Thank you so much for your comment.  Does this action still take the Courts 8 months to deal with.  I cannot find anyone indicating the eviction could take place any sooner. 

tebo53

Posted: Mon Apr 19, 2021 9:45am

tebo53

Super helpful member

Posts: 2013

1964 helpful points

Location: Benidorm

Joined: 29 May 2018

Posted: Mon Apr 19, 2021 9:45am

Karen204 wrote on Mon Apr 19, 2021 9:26am:

Thank you so much for your comment.  Does this action still take the Courts 8 months to deal with.  I cannot find anyone indicating the eviction could take place any sooner. 

Hi,

I followed a similar story about squatters in a villa owned by a British couple. It took 4 years to get the squatters to leave after numerous court orders. Those squatters cheekily rented one of the rooms out to other squatters!!

Best of luck

Steve 

Kimmy11

Posted: Mon Apr 19, 2021 9:52am

Kimmy11

Legendary helpful member

Posts: 4316

8362 helpful points

Joined: 8 Aug 2017

Posted: Mon Apr 19, 2021 9:52am

Hi Karen,

I'm so sorry to hear this.  Spanish law gives the police the right to remove "okupas" within 48 hours of breaking into your property, if it's clear the squatters have just broken in and have not had time to make it look like they are living there.  However, once in possession, with the locks changed and personal effects in place, it no longer looks like a break-in and the police won't act; they prefer to leave it to the courts.

We had a similar incident a few months ago, where the unoccupied house of its deceased owner was broken into.  Fortunately, the neighbour opposite spotted the activity within minutes and called the police - the very first thing the squatters had done was to change the locks.  They know the law is weighted in their favour over property owners and with the current government, where the PSOE is in coalition with the far-left Podemos, who actively support squatters' rights, I can't see this changing anytime soon.

With regard to the speed with which these matters are processed in the courts, the judiciary in Spain is severely underfunded, hence why the wheels grind so slowly.  I'm very sorry for your predicament and wish I could offer more hope, but your best option is to engage an abogado who specialises in this aspect of Spanish law. 

Good luck and kind regards,

Kim

Karen204

Posted: Mon Apr 19, 2021 10:35am

Karen204

Original Poster

Posts: 28

13 helpful points

Location: Torrevieja

Joined: 12 Apr 2021

Posted: Mon Apr 19, 2021 10:35am

tebo53 wrote on Mon Apr 19, 2021 9:45am:

Hi,

I followed a similar story about squatters in a villa owned by a British couple. It took 4 years to get the squatters to leave after numerous court orders. Those squatters cheekily rented one of the rooms out to other squatters!!

Best of luck

Steve 

Dear Steve

I am exchanging emails with the Torrevieja Town Hall, as Villajoyosa Town Hall have agreed a 'fast track' system. Who may have seen the report in this week's Costa Blanca News.  Hopefully, Torrevieja will be willing to adopt a similar system.  Otherwise, if anyone knows of a 'bona fide' company who evicts squatters, without breaking any laws, this may be the quickest solution.   There are such companies on the internet, but I don't want to pick an illegal company by mistake.  My aim is to resolve this dreadful situation as quickly as possible but always within the confines of Spanish law.  

Thanks

Karen 

tebo53

Posted: Mon Apr 19, 2021 5:33pm

tebo53

Super helpful member

Posts: 2013

1964 helpful points

Location: Benidorm

Joined: 29 May 2018

Posted: Mon Apr 19, 2021 5:33pm

Karen204 wrote on Mon Apr 19, 2021 10:35am:

Dear Steve

I am exchanging emails with the Torrevieja Town Hall, as Villajoyosa Town Hall have agreed a 'fast track' system. Who may have seen the report in this week's Costa Blanca News.  Hopefully, Torrevieja will be willing to adopt a similar system.  Otherwise, if anyone knows of a 'bona fide'...

... company who evicts squatters, without breaking any laws, this may be the quickest solution.   There are such companies on the internet, but I don't want to pick an illegal company by mistake.  My aim is to resolve this dreadful situation as quickly as possible but always within the confines of Spanish law.  

Thanks

Karen 

So sorry for your predicament but you will need to apply for a court order to evict the squatters. In Spain, unfortunately, the laws can protect the squatters especially if they have children. 

Steve 

Karen204

Posted: Mon Apr 19, 2021 5:43pm

Karen204

Original Poster

Posts: 28

13 helpful points

Location: Torrevieja

Joined: 12 Apr 2021

Posted: Mon Apr 19, 2021 5:43pm

tebo53 wrote on Mon Apr 19, 2021 5:33pm:

So sorry for your predicament but you will need to apply for a court order to evict the squatters. In Spain, unfortunately, the laws can protect the squatters especially if they have children. 

Steve 

I appreciate all the comments so far.   I have been sourcing a lawyer who can prepare the necessary paperwork, to be presented to the Court.  But I have found it so hard to believe the legal route would take up to a year !   It seem the Spanish law protects the criminal and everyone is happy to accept that.  

I shall lobby anyone and everyone I can in an effort to get this period reduced to one month, as found elsewhere in our region, i.e. Villajoyosa, for example.  It is just difficult when I'm locked down in the UK.   I do sincerely thank everyone for their support so far. 

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