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José M.
José M., Attorney
Category: Spain Law
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Experience:  Spanish Attorney
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There is a corridor of land between my house and my neighbours

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There is a corridor of land between my house and my neighbours which belongs to my neighbour. He has built a large construction of brick and cement steps which attach to my house. Is this legal?

Attorney3044 :

Hi

Attorney3044 :

I am an spanish attorney an I am going to answer your question now

Attorney3044 :

It could be legal if it has been made in the middle of the propieties frontier

Attorney3044 :

It is regulated in the spanish civil code ART 577

Attorney3044 :

Any owner may raise the party wall at his expense, compensating any damages caused by the building works, even


if they are temporary.

He shall also bear the wall’s preservation expenses, to the extent that it has increased in height, or its foundations

have been deepened compared to its previous condition; likewise, he must pay a compensation for the increase in

the expense of preserving the party wall as a result of the increase in height or depth.

If the party wall should not withstand the higher elevation, the owner who wishes to raise it shall have the obligation

to reconstruct it at his expense; and, if it should be necessary to make it thicker for such purposes, he must provide

the space from his own land

Attorney3044 :

You can reach the code translated here

Attorney3044 :

http://www.mjusticia.gob.es/cs/Satellite/1292359356783?blobheader=application/pdf&am

Attorney3044 :

So, check if he has made in the right part of the land, just in the midle of the propieties

Attorney3044 :

If he has done it there its legal

Attorney3044 :

I will be here if needed

Attorney3044 :

Thank you

Customer:

Thank you for your reply. The bottom of the steps join onto the wall of my house so that is not the middle. If it rains the water will run to the wall of my house.

Customer:

It is the wall of my house that is my boundary.

Attorney3044 :

He has no right to do it in the way you mean now

Attorney3044 :

He has the legal obligation to canalizate all the water of his propiety and he has no right to put the water on your wall

Attorney3044 :

Read article 586

Customer:

Thank you for your help. I have a meeting with the Alcade at the Ayuntamiento at 1:30pm so I hope I can solve this problem

Attorney3044 :

I am sure he will hepl if we wants ....

Attorney3044 :

If he is helpless you should threat your neigbourgh to contract an attorney to demand him...

Attorney3044 :

Please do not forget to rate positivly my answer

Attorney3044 :

If you do not do it the site does not pay the expert

Attorney3044 :

thank you

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