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Hi , i live on a complex and two years ago i built a 1 mtr high x 6 inches wide wall, between my house and my neighbours, on top of, and down the centre of this wall was a small 25cm high fence,covered with green grass like plastic material . This was built at my cost and with consent of my neighbour., who was quite pleased with how it looked. Unfortunately my neighbour sold his house and new people have been in now for just over 6 months. They wanted to squeeze on to their side of the wall a 1/2 mtr high dark wood fence . The president and administrators told them that this was against communidad rules, and could not be built, so they contacted their own solicitor to see if this was right . Their solicitor agreed that it could NOT be built. However since i have been back to the UK (1 month) and the president has also returned to the UK for a couple of weeks, the neighbours have gone ahead and built this fence. . A friend has sent us photos of this and it looks terrible. Ihave informed our administrators ,who have sent our neighbours a warning letter, with the hope that they will take this fence down , i wont hold my breath. I would like to know that as this wall was built and payed for by myself , can i legally take down their fence ,or do i leave it to the administrators and lengthy court proceedings . thank you, Roxy
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Hi Roxy,
First of all, I am so sorry about your situation. The Civil Code (articles 571-579) protects your position, so your neighbour needed previously your consent. My legal advise therefore is to leave it to your Community of Owners from your complex who should take action against your neighbour to repair it.
All the best, Enrique Sanchez, Spanish lawyer
http://www.spanishlawyercostadelsol.com
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Thank you so much for your reply Enrique . Are you saying that my neighbour should take down their fence , because they did not have my permission to erect it. (they were warned not to erect it in the first place by our president and administration) Can i ask does the boundary wall belong to both parties, or do i have claim on the wall as i had it built and paid for it . Finally , am i allowed to remove the fence if the administration take no action. Thank you again Enrique your advice is very much appreciated. Roxy
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