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José M.
José M., Attorney
Category: General
Satisfied Customers: 4612
Experience:  Spanish Attorney
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I have a crane hanging over my property which has caused damage

Resolved Question:

I have a crane hanging over my property which has caused damage to property and a general pain ! I was was never asked if they could put it there and never agreed to the crane over hanging my property in Mallorca . Does the trespass into air space law apply in Spain for cranes ? What should I do ?
Submitted: 11 months ago.
Category: Spain Law
Expert:  José M. replied 11 months ago.

Attorney3044 :

Hi

Attorney3044 :

I am an spanish attorney. This crane needs an autorithation given for the city hall

Attorney3044 :

And in order to get it, the constructor needs to have an insurance for damages

Attorney3044 :

The first step to make its to ask in the city hall if there is a licence for it

Attorney3044 :

For sure, if he has no licence he will be force to remove it

Attorney3044 :

If he have licence you could demand the damages.

Attorney3044 :

Only the city hall could give the license and it requires to probe the insurance for damages, so, in the city hall will give you the data of the company to demand for this damages

Customer: I am sure they have a licence for the crane but no one has ever asked us as property owners and have been told about the trespass of air space law that seems to apply across Europe ! As for the damage we have been waiting 3 months for an assessor from the insurance so far !
Attorney3044 :

They can used the space as long as they get the autorithation from the City Hall

Attorney3044 :

If the insurance does not pay for the damages demand them in court

Attorney3044 :

Also you can denounce the incoveniences at the city hall

Customer: So the trespass of airspace law does apply in Spain as in the rest of Europe they can just do it without even asking for the adjoining property owners permission that the crane effects ?
Attorney3044 :

Yes, with the city hall autorithation they can do it

Attorney3044 :

They do not need more

Attorney3044 :

They do not have to ask more permission than the one in the city hall

Attorney3044 :

I am on line if you need more help

Customer: If they have caused damage and continue to as this is what's happening , how can I stop it as we have had the same thing happen 5times and preventing us even using our own land as we keep getting showered in concrete !
Attorney3044 :

You can denounce to the policia local every time they shower you with concrete

Attorney3044 :

The policia local can sancionate them with bills and hi informs will be perfect to maka a civil demand for damge

Attorney3044 :

If you hace insurance in your propiety, ussually they have damages demand cobertures and you could use this services also

Customer: Have done the policia local have a laugh and chat with the builders and disappear !
Attorney3044 :

I see

Attorney3044 :

May be the constructor have good friends there

Attorney3044 :

Then the way has to be with a civil demand for damges

Attorney3044 :

Check if your own insurance have the coberture or contract an attorney to demand the damege

Customer: Yes he does !
Attorney3044 :

Perfect

Attorney3044 :

If your insurance has the coberture then notify them the problem

Customer: Thanks again will carry on fighting to get insurance off of them, thought I might of had more luck if the trespass law stood here like the rest of Europe !
Attorney3044 :

For sure, some things here will be better if they were as in the ret of Europe

José M., Attorney
Category: Spain Law
Satisfied Customers: 4612
Experience: Spanish Attorney
José M. and other Spain Law Specialists are ready to help you

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