# Crane-arm trespass in Spain?



## cubitodehielo (Mar 18, 2015)

In the UK, a crane-arm oversailing anothers property is trespass – even if no damage has been done.

Is the law the same in Spain ? Is there a Spain Law book that covers this topic, please?


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## xabiaxica (Jun 23, 2009)

cubitodehielo said:


> In the UK, a crane-arm oversailing anothers property is trespass – even if no damage has been done.
> 
> Is the law the same in Spain ? Is there a Spain Law book that covers this topic, please?


:welcome:

I have no idea - but then I didn't realise that it is trespass in the UK either!

why not pop in to the local police or ayuntamiento (town hall) & ask there?


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## cubitodehielo (Mar 18, 2015)

Thank you for your reply. I did go to the Ayuntamiento but as long as the contractor has got the licence and paid the fees they cannot help as it is more a legal matter. If you google “oversailing” there are numerous references, including:

_Under English law a landowner owns the airspace above his land (unless it has been expressly excluded from the lease or transfer to him) and it is therefore trespass if a developer or its contractor allows a tower crane jib to swing across land owned by other parties.​_Is the law the same in Spain?


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## snikpoh (Nov 19, 2007)

cubitodehielo said:


> Thank you for your reply. I did go to the Ayuntamiento but as long as the contractor has got the licence and paid the fees they cannot help as it is more a legal matter. If you google “oversailing” there are numerous references, including:
> 
> _Under English law a landowner owns the airspace above his land (unless it has been expressly excluded from the lease or transfer to him) and it is therefore trespass if a developer or its contractor allows a tower crane jib to swing across land owned by other parties.​_Is the law the same in Spain?


Surely common sense has to prevail - what about 'planes that fly through your airspace?

Is the crane actually a nuisance worth bothering about?


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## cubitodehielo (Mar 18, 2015)

Airspace is limited to "several hundred meters above the land" precisely to permit the flying of passenger planes above.


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## extranjero (Nov 16, 2012)

snikpoh said:


> Surely common sense has to prevail - what about 'planes that fly through your airspace?
> 
> Is the crane actually a nuisance worth bothering about?


Yes,if it risks drops a heavy pallet of building materials on your house or in your pool! Or, removing a tall Palm, which is a risky business as I found out when I had one removed,which had outgrown us.
I remember watching with trepidation, as a crane swung a swimming pool over the roof top of a neighbours house and thankfully, into position
Sometimes accidents DO happen
I wouldn't allow a crane arm to swing over my property, while delivering to a neighbouring house if I were around at the time.
It should be possible for the driver to avoid this, anyway


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## Pesky Wesky (May 10, 2009)

cubitodehielo said:


> In the UK, a crane-arm oversailing anothers property is trespass – even if no damage has been done.
> 
> Is the law the same in Spain ? Is there a Spain Law book that covers this topic, please?


Yes, there are "rules", but how you find out about them I don't know. I don't know if this is something to go to the ayuntamiento about, or local police or ???Something I saw on internet said that you should report the crane anyway because if any damage is done whilst you're out it will be more difficult to process any claim if it's not already reported.


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## Overandout (Nov 10, 2012)

cubitodehielo said:


> Thank you for your reply. I did go to the Ayuntamiento but as long as the contractor has got the licence and paid the fees they cannot help as it is more a legal matter. If you google “oversailing” there are numerous references, including:
> 
> _Under English law a landowner owns the airspace above his land (unless it has been expressly excluded from the lease or transfer to him) and it is therefore trespass if a developer or its contractor allows a tower crane jib to swing across land owned by other parties.​_Is the law the same in Spain?


The short answer is "no".

This is a common law principle, and does not apply in Spain.

That doesn't mean that there is not some action that you could take, but you would need legal advice (from a lawyer, not an expat forum!) and would probably have to go to court to take that action.

This would almost certainly cost you money (both the lawyer and the court action), and quite possibly, by the time the court heard your case the crane will be long gone...


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## amaninavan (Mar 13, 2015)

That is typical. Some guy trying to do his job and causing no damage at all can fall foul of the law yet fracking companies can drill below your property causing irreparable damage and that is not trespassing.

one law for one and one for another

paul


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