April 22, 2006 at 8:01 pm #51746
I recently bought a brand new detached house near Antequera. Last week my neighbours decided to build a new house in their back yard which is adjacent to my property. The problem is they have removed the outer skin of one side of my house which is on the boundary to their land, presumably to build on to?
I had tenants move in at the start of April who have told me that a week after they moved in, my neighbours started the works. A pneumatic drill was being used constantly to remove the exterior render of my house and the noise and vibration within my house was unbearable. They also said that the render to the front of my house (not adjacent to their land) has cracked badly since the drilling started on my property and also that the grouting in the bathroom tiles inside had worked itself loose due to the vibration.
I have not been consulted at any stage and in my opinion what they have done is cause damage to my property. I have photos of the damage if anyone would like to see them – please PM me.
I have today been told by my tenants that the constant noise and vibration within the house is unbearable and they are moving out so I will be loosing my rental income and it is very unlikely that anyone else will rent it under the present circumstances.
Is it legal in Spain for them to remove my brickwork? Are they liable for the damage caused to the rest of the rendering? And finally, where do I stand on getting compensation for my loss of rental income?
Any advise would be most appreciated. Thanks.
April 22, 2006 at 8:16 pm #61818
Try pm-ing Cesar or Draken, both lawyers who add very helpful contributions to this forum, Cesar is a construction specialist so maybe you need to employ his services!!
I’d also be tempted to start by enquiring with your local ayuntamiento’s obras department that they have all the right licenses etc and complaining there about the impact it has had on your property..
Good luck, sounds like a very stressful time for you,
April 23, 2006 at 2:27 pm #61820
Heather is right. Cesar is definately the man you need to advise you on this. This couldn’t happen in the UK without your knowledge OR permission. I would be surprised if it were legal in Spain. !! 🙄
April 24, 2006 at 2:00 pm #61830
We have two different issues here:
First if they have the legal rights to use, modify or alter the wall of your house which seems to be the boundary of both your and your neighbors properties… Because of the Spanish Law regulation of dividing walls, first off all you’ll have to check if that wall is 100% yours or it is considered either legally or technically a ‘medianería’ (a common/party wall), this is if the tittle deeds say so or if the wall has been built in the middle of both properties and thus both proprietors have the legal right to ‘use’ the 50% of their total ‘thickness’.
Secondly there are the damages in your property… of course they are liable to pay you all the damages no matter if the wall is considered a ‘medianera’ or not and not only your neighbor but also his builder and the technician who is in charge of the works if any. This compensation may of course include the loss of the rental incomes and moral damages under article 1902 of Spanish Civil Code. You even have an express Judicial procedure (really fast) called ‘interdicto’ to immediately stop every work as it is damaging your property.
Several things can be made but I advice you to contact a Lawyer ASAP, also a construction professional (architect or aparejador) to valuate the damages and to confirm they have been caused by the near works (yes, of course you know and I know they really have, but you will need technical support to proof and certify it before a court) additionally, you can make photos of the works and damages and make them to be certified by a Notary to make full proof of the date they were made. Also you may use a notarized notice, with a demand or warning letter/cease and desist letter that is sent to its recipient through a Notary and, thus, serving as evidence at trial if needed. You (or much better your lawyer in your behalf) have to draft a letter and take it to a Notary, who will insert it into a notarial document and deliver it to your neighbor. The Notary will certify the content of the letter and that it was indeed delivered and received by the intended addressee.
So, find a lawyer, he will see the best way of action, including as Heather says, checking if he has the Town Hall license for the works he is carrying out (If he hasn’t you could put much more pressure on him)
There could also be more issues as i.e. if your neighbor has to observe distance rules when building but that’s is something I can’t tell as I don’t have full info on the actual situation.
April 25, 2006 at 10:19 pm #61873
Just a quick thank you to those who gave me their advise, especially Cesar.
It appears that my neighbour does not have the necessary license from the Town Hall and my Solicitor is serving notice on him to stop all the works.
Just hope that he repairs the damage he has already done.
April 26, 2006 at 6:48 am #61875
Great news. 🙂 I hope you get the repairs done soon. Good Luck.
April 26, 2006 at 7:25 am #61876mariadecastroParticipant
My congrats to you and Cesar!! 😀
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