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Squatters - Page 2

tebo53

Posted: Mon Apr 19, 2021 6:04pm

tebo53

Legendary helpful member

Posts: 4776

4960 helpful points

Location: Benidorm

Joined: 29 May 2018

Posted: Mon Apr 19, 2021 6:04pm

Karen204 wrote on Mon Apr 19, 2021 5:43pm:

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 a...

...nd 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. 

Karen, 

I've put a link to another site poster about his experience with squatters and his attempts at eviction. You may learn from his experiences. 

Its quite a long thread but get a glass of wine and read on:

https://britishexpats.com/forum/spain-75/tenant-eviction-nightmare-part-2-a-931274/

Steve 

Karen204

Posted: Wed May 5, 2021 10:24pm

Karen204

Original Poster

Posts: 34

14 helpful points

Location: Torrevieja

Joined: 12 Apr 2021

Posted: Wed May 5, 2021 10:24pm

tebo53 wrote on Mon Apr 19, 2021 6:04pm:

Karen, 

I've put a link to another site poster about his experience with squatters and his attempts at eviction. You may learn from his experiences. 

Its quite a long thread but get a glass of wine and read on:

https://britishexpats.com/forum/spain-75/tenant-eviction-nightmare-part-2-a-931274/

Steve 

Thanks Steve.  I went into a bit of a depression after reading about this guy's troubles.   But I appreciate the sentiment.  Hopefully, my issue will be resolved sooner.  I think I shall contact the Desakupa company.  They seem to be getting results.   Anyone had any experience using Desokupa?? 

Karen204

Posted: Wed May 5, 2021 10:28pm

Karen204

Original Poster

Posts: 34

14 helpful points

Location: Torrevieja

Joined: 12 Apr 2021

Posted: Wed May 5, 2021 10:28pm

Kimmy11 wrote on 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

Thanks Kim.  But even the lawyers admit that the squatters know how to work the legal system to their advantage.   It really is an unfair system.  I wrote to the Town Hall, as Villajoyosa have an agreement with the Police enabling the eviction process to be dealt with within one month.  I asked why Torrevieja Town Hall couldn't offer the same service, as this problem is so widespread.   They did not respond. 

delsmith

Posted: Sun Jun 6, 2021 9:47am

Posts: 26

9 helpful points

Location: Torrevieja

Joined: 25 Jan 2021

Posted: Sun Jun 6, 2021 9:47am

Morning guys,

If you get a chance please read up on the full Adverse Possession law (squatters use it to their advantage) which is basically civil law

Kind regards

Derek

Deleted_user_48360

Posted: Mon Jun 7, 2021 3:43pm

Deleted user

Posted: Mon Jun 7, 2021 3:43pm

We had squatters in our property (neighbour told us) they thought we had a long let in but when they began locking the gate with a chain the neighbour became suspicious we denounced them and then travelled to our home but stayed in a hotel we took a drive by the property the next day just to make sure they were still there then went to the police and explained we had come to our home but it was occupied illegally they arranged with the Guardia to meet us at the property at a certain time which we did we had to take our property deeds (escutoura) with us and they checked them out at the gate to our property they then confronted the squatters and they said they had rented from someone the police asked to see there rental agreement or the bank they paid the money to but as it was a lie they couldn’t produce this and there and then they stood at the property and told them to leave as they were there illegally they just upped and left we got our property back nobody is going to argue with a Guardia with a hun especially if they knew they were illegal but the mess they left was horrendous they had no water but brought it in from the shops they ran up an electricity bill and loads of stuff we had to sort out new locks etc 

We now have a security alarm with internal camera and if it goes off they call us in the uk we give them a password and they explain ie they can see 3 people in the property are we are aware of anyone who is in the property luckily it was our friends checking on things for us but he said had we had not known them they would have called the police and attended the property on our behalf it works wl

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Karen204

Posted: Tue Jun 8, 2021 12:45am

Karen204

Original Poster

Posts: 34

14 helpful points

Location: Torrevieja

Joined: 12 Apr 2021

Posted: Tue Jun 8, 2021 12:45am

Deleted_user_48360 wrote on Mon Jun 7, 2021 3:43pm:

We had squatters in our property (neighbour told us) they thought we had a long let in but when they began locking the gate with a chain the neighbour became suspicious we denounced them and then travelled to our home but stayed in a hotel we took a drive by the property the next day just to make...

... sure they were still there then went to the police and explained we had come to our home but it was occupied illegally they arranged with the Guardia to meet us at the property at a certain time which we did we had to take our property deeds (escutoura) with us and they checked them out at the gate to our property they then confronted the squatters and they said they had rented from someone the police asked to see there rental agreement or the bank they paid the money to but as it was a lie they couldn’t produce this and there and then they stood at the property and told them to leave as they were there illegally they just upped and left we got our property back nobody is going to argue with a Guardia with a hun especially if they knew they were illegal but the mess they left was horrendous they had no water but brought it in from the shops they ran up an electricity bill and loads of stuff we had to sort out new locks etc 

We now have a security alarm with internal camera and if it goes off they call us in the uk we give them a password and they explain ie they can see 3 people in the property are we are aware of anyone who is in the property luckily it was our friends checking on things for us but he said had we had not known them they would have called the police and attended the property on our behalf it works wl

Hi Marie

Did the Guardia Civil from Torrevieja evict them?  They didn't help at all in my case.  How long ago was this?

Lukas

Posted: Wed Jun 30, 2021 8:54pm

Lukas

Helpful member

Posts: 202

161 helpful points

Location: Villamartin

Joined: 22 Jun 2021

Posted: Wed Jun 30, 2021 8:54pm

Hello Karen, can you give us an update on your situation? Just interested to know. Cheers!

Karen204

Posted: Thu Jul 1, 2021 8:37am

Karen204

Original Poster

Posts: 34

14 helpful points

Location: Torrevieja

Joined: 12 Apr 2021

Posted: Thu Jul 1, 2021 8:37am

Dear Lukas

I have to deal with this situation when I feel strong enough.  All options seem so useless that I end up having sleepless nights and feeling really depressed about the whole thing.   And, Covid / travel restrictions only make matters worse.

However, yesterday I spoke to a nice chap (Tim) at Nosquatters.com who seemed to offer a good service.  We discussed my case yesterday and he is preparing a quotation, but estimated that the cost for their service would be around 3,000 + IVA.  Half to be paid up front and the rest once the squatter is evicted.  They work, like most, on finding a passive solution, usually within 2 weeks.   To be honest, I don't kid myself that the 'passive' solution is usually offering the squatter payment to vacate.  So the final cost could be so much more.  However, at the moment,  this seems like the only solution I have found  and the terms are far more in my favour than with other companies, who want payment up front, with no refunds or guarantees!   I am keen to  wait until I can travel to Spain myself, without having to quarantine upon my return to the UK, so that I can arrange for the house to be secured with a linked alarm system, etc.  when the squatter is out.  I don't kid myself that another squatter would not find my house attractive and I know they all pass information between themselves.   So, although I may have found the solution, I shall wait until I am able to travel to Spain.  Hopefully, this summer - but our Covid numbers are rapidly rising in the UK, despite the incredible vaccine rollout.  

I am fortunate that I have a single male squatter.  It should make matters easier.  Multiple occupation or having any children in the house would make the situation 100 times more difficult to resolve.  

8102Mko

Posted: Thu Jul 1, 2021 10:27am

8102Mko

Helpful member

Posts: 329

210 helpful points

Location: Torrevieja

Joined: 30 May 2018

Posted: Thu Jul 1, 2021 10:27am

Karen204 wrote on Thu Jul 1, 2021 8:37am:

Dear Lukas

I have to deal with this situation when I feel strong enough.  All options seem so useless that I end up having sleepless nights and feeling really depressed about the whole thing.   And, Covid / travel restrictions only make matters worse.

However, yesterday I spoke to a nice chap (Tim) at Nosquatters.com who seemed to offer a good service.  We discussed my case yesterday and he is preparing a quotation, but estimated that the cost for their service would be around 3,000 + IVA.  Half to be paid up front and the rest once the squatter is evicted.  They work, like most, on finding a passive solution, usually within 2 weeks.   To be honest, I don't kid myself that the 'passive' solution is usually offering the squatter payment to vacate.  So the final cost could be so much more.  However, at the moment,  this seems like the only solution I have found  and the terms are far more in my favour than with other companies, who want payment up front, with no refunds or guarantees!   I am keen to  wait until I can travel to Spain myself, without having to quarantine upon my return to the UK, so that I can arrange for the house to be secured with a linked alarm system, etc.  when the squatter is out.  I don't kid myself that another squatter would not find my house attractive and I know they all pass information between themselves.   So, although I may have found the solution, I shall wait until I am able to travel to Spain.  Hopefully, this summer - but our Covid numbers are rapidly rising in the UK, despite the incredible vaccine rollout.  

I am fortunate that I have a single male squatter.  It should make matters easier.  Multiple occupation or having any children in the house would make the situation 100 times more difficult to resolve.  

Very sorry to hear your problem is still ongoing Karen and the stress it’s causing you. As it is only one squatter who has to eat, he must be leaving the house regularly & that may present you with the opportunity to turn the tables. If you have one or 2 gentlemen to accompany you to maybe break back in when he is out, gather up his belongings which shouldn’t be too much & similarly change the locks while filming the proceedings. I don’t know if he would want to push the issue legally but if he did what proof would he have he was even still living there ? You are the owner & truthfully could say you found your own house empty on arrival. Maybe the law that’s helping him now might act against him then. I only mention this to you as I heard of a case somewhat similar last year where the owner, his son & son-in-law drove out from the UK in a van & cleared out their house of everything belonging to a seemingly family group of 4 squatters who were out on market day at the time. They changed all the locks again. The 3 men were sitting in their garden drinking a beer when the squatters returned in their minibus. The owner took pictures & filmed the whole thing. There were a few words exchanged but nothing too hot really except the squatters wanting their stuff. They told them where it was dumped nearby. They never returned but probably have moved into another house now. The difference between you & that owner is he hadn’t ever contacted the police or initiated legal proceeding. He also had a gentleman resident nearby who observed the squatters movements. I wish you well & try & keep the chin up. 

Lukas

Posted: Thu Jul 1, 2021 11:17am

Lukas

Helpful member

Posts: 202

161 helpful points

Location: Villamartin

Joined: 22 Jun 2021

Posted: Thu Jul 1, 2021 11:17am

Thanks for replying and fingers crossed.

General comment: I spent several hours last night reading the nightmare experiences, articles etc. on this topic and I am shocked by the absence of passive-aggressive approaches. Maybe I am seeing things too simply but I think the following might work.

Hire some tall and large people to:

  1. Park a car in front of the house with GSM jammer in the trunk (so that they cannot call anyone).
  2. Turn off water and electricity (manually, the valves are usually located outside of the property, right? no need to involve utility companies).
  3. Start changing the locks.
  4. When the squatter shows up, just ignore them. Act as if they were not there. The goal is to change all the locks.
  5. If the squatter starts interfering with the work, the large and tall people create a wall of bodies to allow the locksmith to continue. No pushing, no shoving. Have body cameras on to record any violence caused by the squatter.
  6. You, in the meantime, are in the cinema or taking many selfies on a beach.
Must definitely be faster and cheaper.
IANAL

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