LawTalk
Illegal Occupation of Property & Squatters
It is a shock if squatters get into your property . On 17th September 2020 a Protocol was published in Spain by the Secretary of State for Security N º. 6 / 2020 to deal with cases of squatters and illegal occupiers of properties .
The illegal occupation of a property applies to a second or holiday home as long as it is classified as a private dwelling - morada . The property must be one which is lived in by its owners even if there are only occasional or holiday visits . A property that is not described as a private dwelling is one which is never used by the owners or one that is available for rent but is not actually rented out .
When people with no legal right to enter a private dwelling have squatted or occupied a property , the crime of illegal occupation has been committed in accordance with Article 202 of the Criminal Code . In these cases , once the denuncia – private criminal allegation – has been made the police can enter the property , detain the occupiers and restore the property to the legitimate owners .
If the owners cannot immediately present evidence of their ownership and occupation , even if only occasional occupation , then the occupiers or squatters can seek to show that it is their morada or private dwelling . This can present a real problem for the owners of the legal title , as the only way to seek to recover the property is before the Court , as only a Judge can then decide if there should be an eviction .
On a practical level this makes it very important for owners to ensure that their legal title is available and can be provided quickly to the police , together with evidence of their use of the property . Please contact us if you would like information to be held on file for you so that our specialist lawyers can act quickly .
Please call on 952 52 7014 or email info @ decottalaw . net . www . decottalaw . com
De Cotta Law ( De Cotta McKenna y Santafé ) Mijas-Costa / Calahonda – Coín – Nerja – Tenerife
Nerja Office : - Calle Diputación 11 , 29780 Nerja www . decottalaw . com
28