# Land Dispute



## David0654 (Jun 22, 2012)

Can anyone please advise me regarding the law/regulations regarding the sale of a property which is on disputed land. Can the land be sold if the ownership is in dispute? The background to my query is. We bought our current property almost two years ago. The land borders a neighbours to our left and there are gates at the front left corner of our plot. The gates give access to a track on our neighbours land which the previous owners used to get to the camino until they fell out. When we attempted to use the track our neighbour stopped us telling us it was private land. We therefore found another way in. We then decided to apply to build a ford across the rio just outside our gates. Our neighbour has objected by placing a sign saying no entry on the far bank on a narrow strip of land between the rio and the camino. The river authority moved the river bed and then built the camino on our neighbours land. He is saying that the strip of land is still his and we cannot cross it.
On looking on the Catastral to submit plans for the ford we noticed that our land continued a further 11 metres to the left along our neighbours track. The catastral also shows my neighbours house to be over our joint bounday, his garage partly on our land and his drive fully on our boundary. He is planning to sell his house and land in July. We have offered to forget about the encroachment onto our land if he agrees to let us build our ford across his strip of land but he has declined. Can anyone confirm his property cannot be sold? What can I do about the encroachment onto our land? Can I build a wall or fence along the boundary shown on the catastral? There is an existing fence along the left hand side of our land and his house is approximately 8 inches away from it. He therefore is probably in breach of local regulations regarding building adjacent to boundaries. Thanks in anticipation!


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## djfwells (Sep 28, 2009)

Have you checked that the information shown on BOTH the Catastro AND the Registro de la Propiedad is both correct AND the same ?


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## David0654 (Jun 22, 2012)

Thank you for the advice. I will do as you suggest but in the mean time are you able to tell me if a land dispute would prevent the sale of a property?


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## snikpoh (Nov 19, 2007)

I seem to recall that you can have an embargo placed on his 'deeds' - this will then need to be lifted before he can sell.


... as to how you get an embargo ....? I think you need a lawyer.


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