- This topic has 4 replies, 2 voices, and was last updated 19 years, 7 months ago by
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Most grateful if someone could help me to find more info on abandoned property laws here in Spain. How to secure/claim an abandoned property -consequencies, laws, rights etc. anything and everything.
I guess I am basically asking for info on squatters rights – even though we are a young family who have found their dream home with untraceable owners, i.e. believed to have passed away and the property left behind and it has been abandoned for some years now.
Breaks our hearts to see it go to complete ruins – so please any info on above pleasewould be very much appriciated
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Many old properties are “abandoned” due to the Spanish laws of inheritance whereby the estate has to be split amongst all the children. After a couple of generations, given the Spaniards’ fondness for procreation, that house could be part owned by a dozen people. The chances of them all being in agreement over what to do with it or being prepared to spend any money on it to at least maintain it are slim. So, it is left to decay. As a building surveyor it breaks my heart too!
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The law in Spain concerning the acquisition of property by occupation is far from clear. The Civil Code talks of a period of 10 years with good faith and 20 years without good faith. Matters are further complicated by the fact that Spain has a system of registered title, and anyone can in theory find out the identity of the registered owner from the Land Registry. To occupy and develop would be one hell of a risk
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In Fuerteventura the law allows people certain rights if they can show they occupied the property for more than 30 years before any legal action was taken against them.
Take care since once a property is being worked on and improvements can be clearly seen people might start appearing and making all sorts of claims.
Terry English
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