I have a property facing north 3 km away from the sea in Estepons Andalucia There is a fence on the west and one on the east as well as the bottom of the land to the north. My neighbour on my east is claiming he owns that fence Is there a general law on this question as to which neighbour owns which fence
I am an spanish solicitor.
The fence is not of one of you two. Legaly this fence is divided in the middle of it, transversely, in the way that its your the side of your part, and its him the part of his side.
So, the fence, belongs to both of two, and no only to him or you
Its call medianeria bondage and you can find about the rules in the civil code art 575 and more
I will be here if you need more info
You can get the articles in spanish here
OK However in 2000 when I bought the property from my neighbour he constructed the eastern fence which divided his remaining plot (3000sqm) from mine (6300sqm) The plan with the Escritura stated "Me entragan para su incorporation a la presente matriz,plano firmado por ambas partes" and showed the Plano for the 6300sqm including the new fence He constructed it and paid for it but I would not have bought the property without it Thus I believe he sold me the fence within the overall price paid
Can I claim the fence is mine ?
No you can not, the fence is always of both of you
If he invaded your propiety you shpuld demand to move it until his propiety limit, but the fence Its not yours, even when he put it in your own land
You should look if he has put the fence in your land or his, legaly has to be in the middle, but if he has put it in your land you could demand to move it until the limit
Thank you Another related question He has attached 2 metal poles about 4 metres high to the fence by wire attached to the fence. (I know the legal height allowed is 2.5 meters. ) Clearly this wire crosses the cental traversing line Am I within my rights to cut this wire off from my side of the fence
Its another kind of bondage, If he has no another way to put the cables he can put them there, but if he has another way he has to put them out of youir propiety
I mean if the cables are in your side and could be on his side, and the cables are only for him, he have to put them in his side never yours
But you never can cut these cables, you need a judge order to move them as the result of a legal demand.
1.He could build the poles into the ground so they are not tied to the fence. so is it illegal for him to tie the poles to the fence with the wire on both sides of the fence ? 2. My experience with Spanish law is that it is VERY, VERY, VERY slow How does one get a judges order by legal demand quickly ?
You are right, the demands in spain are very slow
The problem you got now is that the post are there and you need the legal right to take them out by a judge.
Its diferent than if we denie the right to put them but once they are there to take them off only could be done it by a judge order,
So which court do I go to to get such an order
Its a civil case, you need a solicitor who put the demand at court. a regular civil court
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