# Trespass Laws in Spain



## DaninSpain

Hi Folks.

I'm hoping that someone can help me understand the trespass laws here in Spain.
My situation is that I have upset a land owner by foot launching my paramotor (paraglider with engine backpack) from his land. The land is a large unkept field with *no gate or sign saying private property.* 

I parked my vehicle on the field, set up my paramotor and took off. On my return the spanish owner was waiting for me. He wasn't happy and had called the police. The police arrived and asked to see some ID. I showed them my UK driving licence which they were happy with.

The owner left and the police told me that he was going to attend a police station to denounce me.

So, i'm wondering what the offence is that the land owner will be denouncing me for. All I can think is, what in the UK would be civil trespass. If this is the case, how serious is that in Spain? 

What is the worst case scenario here?
Does it cost to denounce someone these days to prevent frivolous time wasters?

Thanks in advance for any help.

Dan (Marbella)


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## xabiaxica

DaninSpain said:


> Hi Folks.
> 
> I'm hoping that someone can help me understand the trespass laws here in Spain.
> My situation is that I have upset a land owner by foot launching my paramotor (paraglider with engine backpack) from his land. The land is a large unkept field with *no gate or sign saying private property.*
> 
> I parked my vehicle on the field, set up my paramotor and took off. On my return the spanish owner was waiting for me. He wasn't happy and had called the police. The police arrived and asked to see some ID. I showed them my UK driving licence which they were happy with.
> 
> The owner left and the police told me that he was going to attend a police station to denounce me.
> 
> So, i'm wondering what the offence is that the land owner will be denouncing me for. All I can think is, what in the UK would be civil trespass. If this is the case, how serious is that in Spain?
> 
> What is the worst case scenario here?
> Does it cost to denounce someone these days to prevent frivolous time wasters?
> 
> Thanks in advance for any help.
> 
> Dan (Marbella)


:welcome:

it costs nothing to make a denuncia - & the police/guardia will likely visit you & interview you if the landowner does indeed denounce you


I'm willing to bet that, since there were no signs & that you had no clue that it was private land, if you apologise profusely & promise to never do it again................ it will all go away..........


worse case scenario is a court case eventually.... but I very much doubt it would come to that, as I say


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## Pesky Wesky

DaninSpain said:


> Hi Folks.
> 
> I'm hoping that someone can help me understand the trespass laws here in Spain.
> My situation is that I have upset a land owner by foot launching my paramotor (paraglider with engine backpack) from his land. The land is a large unkept field with *no gate or sign saying private property.*
> 
> I parked my vehicle on the field, set up my paramotor and took off. On my return the spanish owner was waiting for me. He wasn't happy and had called the police. The police arrived and asked to see some ID. I showed them my UK driving licence which they were happy with.
> 
> The owner left and the police told me that he was going to attend a police station to denounce me.
> 
> So, i'm wondering what the offence is that the land owner will be denouncing me for. All I can think is, what in the UK would be civil trespass. If this is the case, how serious is that in Spain?
> 
> What is the worst case scenario here?
> Does it cost to denounce someone these days to prevent frivolous time wasters?
> 
> Thanks in advance for any help.
> 
> Dan (Marbella)


According to this, on the second page, if you didn't cause any damage and it wasn't planted or sown with anything, it's not an olive grove or a vineyard, there was nor wall or fence, then it's not a punishable offence
http://www.google.es/url?sa=t&rct=j...BSaqKlPtsttENVgbPbVCuGw&bvm=bv.59026428,d.d2k

_La experiencia profesional nos ha puesto de manifiesto conductas
ilícitas no tipificadas en el Título IV del Libro III del Código Penal,
que trata de las faltas contra la propiedad. Nos referimos al hecho
de entrar en heredad ajena que no sea plantío, sembrado, viñedo u oli-
var, y que no esté murada o cercada, haciéndolo sin permiso del dueño
y sin causar daños, y sin que, naturalmente, esté comprendido en las
conductas previstas en el artículo 588 del Código Penal.
El artículo 594 de nuestro Código punitivo castiga al encargado
de la custodia de ganados que entrasen en heredad ajena sin causar
daños, no teniendo derecho o permiso para ello. Pero esta misma con-
ducta de entrar en heredad ajena sin causar daños no es punible, por
no estar tipificada, cuando una o varias personas penetran sin ga-
nados en esa misma heredad._

It's useful to know that there is practically no public land in Spain. It's nearly all owned by a landowner, big or small, somewhere and a lot of it is hunting ground that's easy to wander on to even if it is correctly signposted.


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## Aron

Pesky Wesky said:


> According to this, on the second page, if you didn't cause any damage and it wasn't planted or sown with anything, it's not an olive grove or a vineyard, there was nor wall or fence, then it's not a punishable offence
> http://www.google.es/url?sa=t&rct=j...BSaqKlPtsttENVgbPbVCuGw&bvm=bv.59026428,d.d2k
> 
> _La experiencia profesional nos ha puesto de manifiesto conductas
> ilícitas no tipificadas en el Título IV del Libro III del Código Penal,
> que trata de las faltas contra la propiedad. Nos referimos al hecho
> de entrar en heredad ajena que no sea plantío, sembrado, viñedo u oli-
> var, y que no esté murada o cercada, haciéndolo sin permiso del dueño
> y sin causar daños, y sin que, naturalmente, esté comprendido en las
> conductas previstas en el artículo 588 del Código Penal.
> El artículo 594 de nuestro Código punitivo castiga al encargado
> de la custodia de ganados que entrasen en heredad ajena sin causar
> daños, no teniendo derecho o permiso para ello. Pero esta misma con-
> ducta de entrar en heredad ajena sin causar daños no es punible, por
> no estar tipificada, cuando una o varias personas penetran sin ga-
> nados en esa misma heredad._
> 
> It's useful to know that there is practically no public land in Spain. It's nearly all owned by a landowner, big or small, somewhere and a lot of it is hunting ground that's easy to wander on to even if it is correctly signposted.


If land is fenced there is no access. The asker didn't say there was no fence, just no gate. We have land here where no one goes as there is a fence. Occasionally they have wire covering the entrance, occasionally they don't. How does the law stand with a fenced field with no gate.


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## Pesky Wesky

Aron said:


> The asker didn't say there was no fence, just no gate.
> How does the law stand with a fenced field with no gate.


And if there is no sign, but it's fenced, but there's no gate?
And if there's a sign, but there's no wall??


I've got no idea, but at first glance it doesn't look like it's a big deal


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## Aron

Pesky Wesky said:


> And if there is no sign, but it's fenced, but there's no gate?
> And if there's a sign, but there's no wall??
> 
> 
> I've got no idea, but at first glance it doesn't look like it's a big deal


It doesn't look a big deal to me either. I've never heard of anyone taking a denuncia out over trespass. Any field that has a fence, gate or not is respected by everyone expat or local in my area, which is a rural village. If you really get to know the locals, gain their trust, they allow you to walk through restricted areas such as avocado orchards etc.


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## DaninSpain

Thanks for the quick response guys, it's appreciated.

This field is not fenced in any way apart from conifer trees around 2 sides and a river embankment to another.

These are just nasty landowners that do not use this land for anything at all, won't even pay for a sign that says it's private and to stay out, or a gate or surrounding fence and kick up a fuss and call the police just because I launch my paramotor.

More out of curiosity than anything else, I'm interested to know what ultimately can happen if I do it again, and the police are called again. What is the bottom line here whilst the owner does nothing to stop anyone walking onto his land (i.e. fence/gate/sign). What is the ultimate penalty for trespassing in Spain?


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## Aron

DaninSpain said:


> Thanks for the quick response guys, it's appreciated.
> 
> This field is not fenced in any way apart from conifer trees around 2 sides and a river embankment to another.
> 
> These are just nasty landowners that do not use this land for anything at all, won't even pay for a sign that says it's private and to stay out, or a gate or surrounding fence and kick up a fuss and call the police just because I launch my paramotor.
> 
> More out of curiosity than anything else, I'm interested to know what ultimately can happen if I do it again, and the police are called again. What is the bottom line here whilst the owner does nothing to stop anyone walking onto his land (i.e. fence/gate/sign). What is the ultimate penalty for trespassing in Spain?


Well, there must be lots of other places to use. There are trail bikers out today here carving up the land and nobody worries. See if you can find someone local and ask if you can use their land.


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## snikpoh

DaninSpain said:


> Thanks for the quick response guys, it's appreciated.
> 
> This field is not fenced in any way apart from conifer trees around 2 sides and a river embankment to another.
> 
> These are just nasty landowners that do not use this land for anything at all, won't even pay for a sign that says it's private and to stay out, or a gate or surrounding fence and kick up a fuss and call the police just because I launch my paramotor.
> 
> More out of curiosity than anything else, I'm interested to know what ultimately can happen if I do it again, and the police are called again. What is the bottom line here whilst the owner does nothing to stop anyone walking onto his land (i.e. fence/gate/sign). What is the ultimate penalty for trespassing in Spain?


I would say that this is the norm in Spain - it doesn't make the landowner 'nasty'.

Most land is unmarked, not fenced and owned privately - this is Spain!

Having said that, they are very peculiar about anything happening on their land - we've witnessed this first hand ourselves.


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## Pesky Wesky

snikpoh said:


> I would say that this is the norm in Spain - it doesn't make the landowner 'nasty'.
> 
> Most land is unmarked, not fenced and owned privately - this is Spain!
> 
> Having said that, they are very peculiar about anything happening on their land - we've witnessed this first hand ourselves.


Agree with all of this


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## mrypg9

There is a lot of un enclosed un worked land in and around our village. I've noticed locals avoid entering even to allow their dogs to sniff around so we do the same.


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## DaninSpain

Pesky Wesky said:


> According to this, on the second page, if you didn't cause any damage and it wasn't planted or sown with anything, it's not an olive grove or a vineyard, there was nor wall or fence, then it's not a punishable offence
> 
> _La experiencia profesional nos ha puesto de manifiesto conductas
> ilícitas no tipificadas en el Título IV del Libro III del Código Penal,
> que trata de las faltas contra la propiedad. Nos referimos al hecho
> de entrar en heredad ajena que no sea plantío, sembrado, viñedo u oli-
> var, y que no esté murada o cercada, haciéndolo sin permiso del dueño
> y sin causar daños, y sin que, naturalmente, esté comprendido en las
> conductas previstas en el artículo 588 del Código Penal.
> El artículo 594 de nuestro Código punitivo castiga al encargado
> de la custodia de ganados que entrasen en heredad ajena sin causar
> daños, no teniendo derecho o permiso para ello. Pero esta misma con-
> ducta de entrar en heredad ajena sin causar daños no es punible, por
> no estar tipificada, cuando una o varias personas penetran sin ga-
> nados en esa misma heredad._
> 
> It's useful to know that there is practically no public land in Spain. It's nearly all owned by a landowner, big or small, somewhere and a lot of it is hunting ground that's easy to wander on to even if it is correctly signposted.


Pesky Wesky, thank you so much, this is exactly the information I was looking for. I hope it's accurate.


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## DaninSpain

snikpoh said:


> I would say that this is the norm in Spain - it doesn't make the landowner 'nasty'.


You're right, but I have been told by several Spanish locals that the family is known for it's dysfunctionality, with a lot of in-family fighting over money and who gets what from their recently inherited land, and that generally they are not pleasant people to deal with.


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## DaninSpain

xabiachica said:


> :welcome:
> 
> it costs nothing to make a denuncia - & the police/guardia will likely visit you & interview you if the landowner does indeed denounce you
> 
> 
> I'm willing to bet that, since there were no signs & that you had no clue that it was private land, if you apologise profusely & promise to never do it again................ it will all go away..........
> 
> 
> worse case scenario is a court case eventually.... but I very much doubt it would come to that, as I say


Thanks xabiachica


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## mrypg9

This calls to mind a poem I once read, I think the poet was American. Can't remember it but it was describing an encounter between a rambler and a landowner and the substance was:

'Get off my land!!'

'Your land..tell me, how did you get it?'

'My ancestors fought for it'.

'OK ..fight you for it..'


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## DaninSpain

Aron said:


> Well, there must be lots of other places to use. There are trail bikers out today here carving up the land and nobody worries. See if you can find someone local and ask if you can use their land.


Aron, I wish there were other places to use that are suitable for launching a Paramotor, but I've been looking for over 3 years and found nada. Unfortunately there are not so many flat, open fields in the Marbella area. They all got built on

The reason I feel so strongly about this is that it's not my hobby or sport, it's my profession. I'm an aerial photographer and this is what I do to put food on the table for my family. The land owner knows this but still has taken the action he has taken. 

If you are curious and would like to check out what I do, my website: AIR2GROUND - Aerial Photography Solutions Spain, Marbella, Costa del Sol and Facebook page: https://www.facebook.com/Air2GroundPhotography
ps, if you visit my Facebook page (and like it), PLEASE 'LIKE IT' for me


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## xabiaxica

DaninSpain said:


> Aron, I wish there were other places to use that are suitable for launching a Paramotor, but I've been looking for over 3 years and found nada. Unfortunately there are not so many flat, open fields in the Marbella area. They all got built on
> 
> The reason I feel so strongly about this is that it's not my hobby or sport, it's my profession. I'm an aerial photographer and this is what I do to put food on the table for my family. The land owner knows this but still has taken the action he has taken.
> 
> If you are curious and would like to check out what I do, my website: AIR2GROUND - Aerial Photography Solutions Spain, Marbella, Costa del Sol and Facebook page: https://www.facebook.com/Air2GroundPhotography
> ps, if you visit my Facebook page (and like it), PLEASE 'LIKE IT' for me


have you offered to pay him for the use of his land?


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## Pesky Wesky

xabiachica said:


> have you offered to pay him for the use of his land?


Just what I was going to say. It looks like this place could be valuable for you, so it's worth buttering the farmer up. Apologise, say that you didn't realise it was private land and offer to pay him a nominal fee for every time you use the field, like 10€, not big money.


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## DaninSpain

xabiachica said:


> have you offered to pay him for the use of his land?


I have offered a considerable amount of money (as it's my business at stake). I have offered to monitor and look after the land i.e. keep it clean of litter from the many people that use it (dog walkers, picnickers, scramblers etc), remember no gate, fence, signs. I've even offered to pay for a gate/barrier. He just refuses to negotiate in any way, shape or form.

This is a series of 4 fields totalling approx 200,000sq meters and about 650m in length.
It has no building permission, only sporting use and is now for sale as the 'old man' who never wanted to do anything with the land has recently died, and now the squabbling kids have got their mitts on it, and they just want the money, pronto. They are not farmers, they are inheritors. Even the old man wasn't a farmer, hence the land has never been used for anything. It just sits there....teasing me 

I have a pipe dream about finding an investor that could recognise the potential for a small airfield (think, business flights to Madrid, Seville etc, flying school, pleasure flights, nice cafe which is a proven tourist attraction). There aren't any on the Costa del Sol and the first here in Marbella would work VERY well.

Anyone got Allan Sugar's mobile number


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## GUAPACHICA

DaninSpain said:


> Thanks for the quick response guys, it's appreciated.
> 
> This field is not fenced in any way apart from conifer trees around 2 sides and a river embankment to another.
> 
> These are just nasty landowners that do not use this land for anything at all, won't even pay for a sign that says it's private and to stay out, or a gate or surrounding fence and kick up a fuss and call the police just because I launch my paramotor.
> 
> More out of curiosity than anything else, I'm interested to know what ultimately can happen if I do it again, and the police are called again. What is the bottom line here whilst the owner does nothing to stop anyone walking onto his land (i.e. fence/gate/sign). What is the ultimate penalty for trespassing in Spain?


Hi - I'd have thought, if you're not a local in the area concerned, it'd be far better for you to make enquiries and look for a sympathetic landowner who'd accept your use of his/her property as a launchpad for your paramotor! Who knows? You might even come across a Spanish neighbour who would be interested enough to share your hobby..! The last thing I'd do, in your situation, would be to return to the same site, having been made absolutely aware of the landowner's views, especially as the Police were called. Why antagonise a local person, unnecessarily - wouldn't it be better, surely, to accept his right to decide the uses to which his land, fenced or unfenced, is put?

When I lived in Asturias, I had difficulty, initially, in finding somewhere to exercise and train my dog, off-lead. Although we lived in a pueblo in the foothills of mountains, surrounded by countryside, I was surprised to discover that all of the land was owned by individuals or local families, despite much of it being unfenced rough grassland or even seemingly wild forest! I requested advice from my neighbours and was very soon offered, by several local farmers, free access across and within their land - I was also_ instructed_ to pick all the fruit as I wanted, from any of their very prolific trees and shrubs...! 

Thus, new friends were made - and, as the sole rep. of my country, Great Britain in that tiny town, I was advised that my politeness had been duly noted and that the local Asturianos had therefore adjusted their previously rather negative opinion of _'the Brits_.' LOL!

Saludos,
GC


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## mrypg9

DaninSpain said:


> I have offered a considerable amount of money (as it's my business at stake). I have offered to monitor and look after the land i.e. keep it clean of litter from the many people that use it (dog walkers, picnickers, scramblers etc), remember no gate, fence, signs. I've even offered to pay for a gate/barrier. He just refuses to negotiate in any way, shape or form.
> 
> This is a series of 4 fields totalling approx 200,000sq meters and about 650m in length.
> It has no building permission, only sporting use and is now for sale as the 'old man' who never wanted to do anything with the land has recently died, and now the squabbling kids have got their mitts on it, and they just want the money, pronto. They are not farmers, they are inheritors. Even the old man wasn't a farmer, hence the land has never been used for anything. It just sits there....teasing me
> 
> I have a pipe dream about finding an investor that could recognise the potential for a small airfield (think, business flights to Madrid, Seville etc, flying school, pleasure flights, nice cafe which is a proven tourist attraction). There aren't any on the Costa del Sol and the first here in Marbella would work VERY well.
> 
> Anyone got Allan Sugar's mobile number




There's a small airfield in the Parque de Los Pedregales, Estepona,near our kennels. I thnk it belongs to a local flying club.
I looked at your website, enjoyed the photos.


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## GUAPACHICA

GUAPACHICA said:


> Hi - I'd have thought, if you're not a local in the area concerned, it'd be far better for you to make enquiries and look for a sympathetic landowner who'd accept your use of his/her property as a launchpad for your paramotor! Who knows? You might even come across a Spanish neighbour who would be interested enough to share your hobby..! The last thing I'd do, in your situation, would be to return to the same site, having been made absolutely aware of the landowner's views, especially as the Police were called. Why antagonise a local person, unnecessarily - wouldn't it be better, surely, to accept his right to decide the uses to which his land, fenced or unfenced, is put?
> 
> When I lived in Asturias, I had difficulty, initially, in finding somewhere to exercise and train my dog, off-lead. Although we lived in a pueblo in the foothills of mountains, surrounded by countryside, I was surprised to discover that all of the land was owned by individuals or local families, despite much of it being unfenced rough grassland or even seemingly wild forest! I requested advice from my neighbours and was very soon offered, by several local farmers, free access across and within their land - I was also_ instructed_ to pick all the fruit as I wanted, from any of their very prolific trees and shrubs...!
> 
> Thus, new friends were made - and, as the sole rep. of my country, Great Britain in that tiny town, I was advised that my politeness had been duly noted and that the local Asturianos had therefore adjusted their previously rather negative opinion of _'the Brits_.' LOL!
> 
> Saludos,
> GC


Hi - having posted the above, I checked this thread and found the new info. and clarification provided by 'DaninSpain'. I realise that some of my own comments are no longer relevant. I need to learn to type faster, when wishing to respond to OP's posts..! 

However, now that we understand that the paramotor is a business tool, not a hobby machine, i'd have thought it would make even more sense to locate a suitable site for its launches - with the agreement of any landowner concerned!

DaninSpain - have you thought of moving to a new location, rather than depending on the use of land without official permission? IMHO, it seems rather dicey to risk your business venture on your not falling foul of landowners and /or Spanish Law, in this way.

Saludos,
GC


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## DaninSpain

mrypg9 said:


> There's a small airfield in the Parque de Los Pedregales, Estepona,near our kennels. I thnk it belongs to a local flying club.
> I looked at your website, enjoyed the photos.


Really?? Would it be possible to contact you for an exact location, because if your information is correct, it would make for a very exciting start to 2014
Estepona is not far at all from Benahavis.
:fingerscrossed::fingerscrossed::fingerscrossed::fingerscrossed::fingerscrossed:


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## mrypg9

DaninSpain said:


> Really?? Would it be possible to contact you for an exact location, because if your information is correct, it would make for a very exciting start to 2014
> Estepona is not far at all from Benahavis.
> :fingerscrossed::fingerscrossed::fingerscrossed::fingerscrossed::fingerscrossed:


I am about to PM you..


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## Pesky Wesky

DaninSpain said:


> I have offered a considerable amount of money (as it's my business at stake). I have offered to monitor and look after the land i.e. keep it clean of litter from the many people that use it (dog walkers, picnickers, scramblers etc), remember no gate, fence, signs. I've even offered to pay for a gate/barrier. He just refuses to negotiate in any way, shape or form.
> 
> This is a series of 4 fields totalling approx 200,000sq meters and about 650m in length.
> It has no building permission, only sporting use and is now for sale as the 'old man' who never wanted to do anything with the land has recently died, and now the squabbling kids have got their mitts on it, and they just want the money, pronto. They are not farmers, they are inheritors. Even the old man wasn't a farmer, hence the land has never been used for anything. It just sits there....teasing me
> 
> I have a pipe dream about finding an investor that could recognise the potential for a small airfield (think, business flights to Madrid, Seville etc, flying school, pleasure flights, nice cafe which is a proven tourist attraction). There aren't any on the Costa del Sol and the first here in Marbella would work VERY well.
> 
> Anyone got Allan Sugar's mobile number


Ahhh.
Well, this may change things then as this suggests that you knew exactly what you were doing, where you were going and that you had spoken to the owner of the property beforehand, and he had not given you permission to use his land!
Let's hope the info mrypg9 gives you will help you out.


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