# Land debate



## Magnellia (Nov 6, 2017)

Hi There,

I'm reaching out to the community because we have a problem and simply don't know how to solve it.

Some background information:

A few month ago my boyfriend and I have bought a property and were in the process of renovating it. the property was a bank repo and was abandoned for 7 years. So far we're happy with the progress but we have an issue without neighbour and with a small piece of land located in front of our property.. Indeed, our neighbour is under the impression that belongs to the council when in fact its ours. To check out rights we went to the council and asked to a land plan. The land plan clearly shows that the piece of land in question is ours. 


Strangely enough our neighbour use to use the land in front of our property as a dumping ground before we moved in. When we took procession of our property we cleaned up the area since it was filled with broken bricks, bits of broken cement, we even found 3 dead cats in plastic bags  it took us 2 1/2 days to clear a 10 square meters area. 

Now.. the area is clean, we started planting flowers and threes.. It looks really beautiful.. But, our neighbour refuse to accept that the land is ours.. He also incest on planting very invasive plants (the climbing type) our on land which would kill anything that i've planted and once again would make a right mess infront of our house.. Im really pissed off cause we spend 2 1/2 days clearing up the mess he done and now that the area is clean he's taking interest into gardening.

I'm so fedup of this situation. Its keeping me up at night. Could you please advice whats the best course of action? I want him to respect our property not dump more **** on it and I want him to not plant stuff on our land. I think its reasonable..

Thanks in advance,


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## Pesky Wesky (May 10, 2009)

Magnellia said:


> Hi There,
> 
> I'm reaching out to the community because we have a problem and simply don't know how to solve it.
> 
> ...


Talk to him with plan in hand?

Fencing?

Save​


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## Timoteo7 (Feb 15, 2016)

In your shoes, I might seek consultation with an attorney. I think real estate attorneys are _abogados de derecho inmobiliario_. Páginas Amarillas lists several candidates near Coín. Good luck.


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## Magnellia (Nov 6, 2017)

Yes we've done that and he's not recognising the land delimitation which are clearly marked... 
and no there's no fence possible..  Its just like a huge flower bed in front of our house.. to note as well his house is on the other side of the street so the debate is in his view.. "the land is not ours it belongs to the city therefor he can do what he wants with it..  "

Yes an attorney is a solution but it will be a costly one that we'll have to pay for  Does anyone know the lay of public land owned by the city? If its indeed public land could he dispose of it as it pleases him or should the town hall maintain it.

And if we have to go to an Attorney is there anyways to recover the cost when he proves that we're right?


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## Pazcat (Mar 24, 2010)

Either it is public land or not, and whilst you would think the town hall would know really it's what the catastro people have to say because they have a habit of changing boundary borders for the fun of it.

Honestly though if he is not even claiming the land is his and that it is public and he lives across the street from the land then this is a ridiculous argument. He would be liable from the town hall for cleaning up any dumping he has done or plantings.
If the town hall don't even dispute that the land is yours then and you have had a word and he is still unreasonable then next stop is the police.
He should also be liable to you for any costs of repairing the land, just a visit from the local plod explaining this should do the trick or make things worse.


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## Magnellia (Nov 6, 2017)

Pazcat said:


> Either it is public land or not, and whilst you would think the town hall would know really it's what the catastro people have to say because they have a habit of changing boundary borders for the fun of it.
> 
> Honestly though if he is not even claiming the land is his and that it is public and he lives across the street from the land then this is a ridiculous argument. He would be liable from the town hall for cleaning up any dumping he has done or plantings.
> If the town hall don't even dispute that the land is yours then and you have had a word and he is still unreasonable then next stop is the police.
> He should also be liable to you for any costs of repairing the land, just a visit from the local plod explaining this should do the trick or make things worse.


Yes he is a ridiculous man indeed! Ill do my best to explain what you said in spanish!  Thanks for the advice


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## skyf (Mar 26, 2015)

You should ask the Town Hall to write to your neighbour. It may be necessary to ask an Attorney to make a request to the Council if your direct request falls on deaf ears.
It will cost money, but what value do you place on your sanity?


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## Pazcat (Mar 24, 2010)

Have you checked goolzoom.es?

Not that it will help if he is unreasonable but it is like google maps and you can zoom in on your house and then choose an overlay from the 'Catastro' menu on the left. It should show you the current boundary as recognised by catastro and may at least be a handy print out.

I would say it is only reasonable on your part to at least warn him that if he continues to trespass and damage your property then the next step will be a denuncia.
Again it may be worth popping in to your local police station and ask the best way to proceed before talking to him again.


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## 746786 (Dec 26, 2014)

As well as the other advice given here, I would suggest you keep a handwritten record of every incident with this man, including times, dates and what he did, with photos if necessary. If this goes on for a long time you'll be better armed with a detailed record of evidence because he sounds like he isn't going to listen to reason.

You could also remind yourself that you've done nothing wrong here - he's the guy with the problem. This kind of stuff can be horribly stressful and keep you up nights, but at least clarify the nightmare is on the other side of the street!


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## mickbcn (Feb 4, 2013)

Magnellia said:


> Hi There,
> 
> I'm reaching out to the community because we have a problem and simply don't know how to solve it.
> 
> ...


Buy one kalashnikov.... or hire one lawyer.


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## baldilocks (Mar 7, 2010)

mickbcn said:


> Buy one kalashnikov.... or hire one lawyer.


The kalashnikov is the cheaper option!


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## xabiaxica (Jun 23, 2009)

As has been suggested, simply make a report to the police (known as a denuncia) & they will follow up with a visit to the neighbour.

Certainly a lawyer isn't required (yet).


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