Damage from neighbouring property.

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This topic contains 4 replies, has 3 voices, and was last updated by Profile photo of Anonymous Anonymous 9 years, 11 months ago.

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  • #52498
    Profile photo of Anonymous
    Anonymous
    Participant

    Probably a question for Cesar but what with the high winds we have had a lot of very heavy roof tiles and concrete falling into our garden from a neighbouring, unoccupied house and barn.

    The owners visit once a year at most and the roof is, in my view, extremely dangerous, and it now has several exposed areas the wind can get under. My husband was hit by a falling section of the roof earlier, but fortunately it landed on his leg and not his head!

    My question is, what legal rights do we have? Can we force the owners to fix the roof…?

    I have 2 young children and I am sure one of these tiles could seriously injure, if not kill them…so at present they will be banned from their garden and play area until the roof is safe.

    Thanks

    Heather

  • #67736
    Profile photo of Anonymous
    Anonymous
    Participant

    Go to see a lawyer. You can take your neigboor to court. ( Juicio Verbal).
    Do you live in community?. Because the community can take him to court.

  • #67738
    Profile photo of Anonymous
    Anonymous
    Participant

    Thanks, we are going to try talking to them first before getting lawyers involved, but wanted to know before this where we stand legally…they seem very nice but we don’t have any way of contacting them, its all through another neighbour who has lived here 50 years or so! We live in a tiny tiny village so don’t want to start WW3 but do want a safe place for our children to play, for us to walk through to the rest of our garden!

  • #67841
    Profile photo of Anonymous
    Anonymous
    Participant

    First try to speak with them… Second take photos… let them know the problem in a indisputable way (to make proof you made you claim in time… a simple burofax will do)

    If the above fails instruct your lawyer to address them firmly but in a friendly way (there is nothing worst than having problems with neighbors belive me)

    Under Spanish Law you have one year to claim for damages (sections 1902 and 1907, Spanish Civil Code)

    But, anyway, if there is a real and imminent risk of damages to you/your folks or property you can get an urgent demolition order (limited to the specific area of your neighbor’s wall/buiding/tree) by a really fast and urgent court procedure called ‘interdicto de obra ruinosa’

    Cesar

  • #68041
    Profile photo of Anonymous
    Anonymous
    Participant

    First try to speak with them… Second take photos… let them know the problem in a indisputable way (to make proof you made you claim in time… a simple burofax will do)

    If the above fails instruct your lawyer to address them firmly but in a friendly way (there is nothing worst than having problems with neighbors belive me)

    Under Spanish Law you have one year to claim for damages (sections 1902 and 1907, Spanish Civil Code)

    But, anyway, if there is a real and imminent risk of damages to you/your folks or property you can get an urgent demolition order (limited to the specific area of your neighbor’s wall/buiding/tree) by a really fast and urgent court procedure called ‘interdicto de obra ruinosa’

    Cesar

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