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Kevin35

Posts: 7

7 helpful points

Location: Partaloa

Joined: 12 Mar 2021

Yesterday my dogs were barking and went out to see what was going on and there was a man putting steel pins in my drive. I asked him what he was doing and he said that the land in front of the pin was his and I couldn't have access to my land. He then went on to say I had to move my electric gates as he didn't want me to go over his land and that he owned the rambla that ran past our house. As neither of us spoke the others language he said he would come back today 2ith his son who spoke english. He turned up with his wife and son all of whom were really aggressive from the outset. I invited them all onto our pergola and he just glared at me. I said to his son that I wanted to sort this out amicably. He just said the rambla was his and I couldn't use it. I told him it was a rambla and historically had been used to herd goats. He said that the rambla was only a name and I couldn't use it. They all started muttering and left saying I cannot have access to my house. The house has enjoyed access for 21 years since it was built and the rambla has no use.

Anyone else had a similar problem 

chrisso50

Posted: Fri Feb 23, 2024 7:58pm

chrisso50

Super helpful member

Posts: 1111

1342 helpful points

Location: Roquetas de Mar

Joined: 23 Jul 2018

Posted: Fri Feb 23, 2024 7:58pm

Kevin35 wrote on Fri Feb 23, 2024 6:31pm:

Yesterday my dogs were barking and went out to see what was going on and there was a man putting steel pins in my drive. I asked him what he was doing and he said that the land in front of the pin was his and I couldn't have access to my land. He then went on to say I had to move my electric gate...

...s as he didn't want me to go over his land and that he owned the rambla that ran past our house. As neither of us spoke the others language he said he would come back today 2ith his son who spoke english. He turned up with his wife and son all of whom were really aggressive from the outset. I invited them all onto our pergola and he just glared at me. I said to his son that I wanted to sort this out amicably. He just said the rambla was his and I couldn't use it. I told him it was a rambla and historically had been used to herd goats. He said that the rambla was only a name and I couldn't use it. They all started muttering and left saying I cannot have access to my house. The house has enjoyed access for 21 years since it was built and the rambla has no use.

Anyone else had a similar problem 

That’s a tough situation. It sounds like you firstly need a solicitor and also need to take a trip to local town hall to check out your land use rights. The man should not have taken pre-emptive action by entering your property and putting pins in your driveway. You could have reasonably called the police.

You may need to take a translator with you to the town hall.

Keep us posted!

Chris

Kevin35

Posted: Fri Feb 23, 2024 8:19pm

Kevin35

Original Poster

Posts: 7

7 helpful points

Location: Partaloa

Joined: 12 Mar 2021

Posted: Fri Feb 23, 2024 8:19pm

chrisso50 wrote on Fri Feb 23, 2024 7:58pm:

That’s a tough situation. It sounds like you firstly need a solicitor and also need to take a trip to local town hall to check out your land use rights. The man should not have taken pre-emptive action by entering your property and putting pins in your driveway. You could have reasonably called...

... the police.

You may need to take a translator with you to the town hall.

Keep us posted!

Chris

I have already contacted my solicitor and spanish law dictates that as it is my only access to the main road he must give access. Normally he could ask for compensation but the access has been used for 21 years and exceeds the 20 year rule.

juanida

Posted: Sat Feb 24, 2024 12:33pm

juanida

Very helpful member

Posts: 733

547 helpful points

Location: Sorbas

Joined: 25 Feb 2017

Posted: Sat Feb 24, 2024 12:33pm

Kevin35 wrote on Fri Feb 23, 2024 8:19pm:

I have already contacted my solicitor and spanish law dictates that as it is my only access to the main road he must give access. Normally he could ask for compensation but the access has been used for 21 years and exceeds the 20 year rule.

Even though the law is on your side, I would suggest that you put in a denuncia at your closet guardia civil quarters if these people are threatening you.  Country people can become very aggressive where land boundries are concerned. Sometimes it can be to try and get money out of you in exchange for peace as well.

Years ago. When we hadn't lived a very long time in our country property, we were threatened by some people who said they owned the piece of scrubland next to our fence, an inherited plot which was still in the name of a long dead person, possibly a relative, when we checked the catastral details.  We had marked our boundries with the seller when we bought the house and land and the boundaries had been witnessed too, but these people insisted that we had put our fence on their land and threatened us in a nasty way which got me very upset.  Luckily there could be no mistake in the words that  they used ('We shall mark yur boundries with blood!') as my husband is spanish.  We put in a denuncia and they were gained in the end and they never bothered us again.

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Kevin35

Posted: Sat Feb 24, 2024 12:54pm

Kevin35

Original Poster

Posts: 7

7 helpful points

Location: Partaloa

Joined: 12 Mar 2021

Posted: Sat Feb 24, 2024 12:54pm

juanida wrote on Sat Feb 24, 2024 12:33pm:

Even though the law is on your side, I would suggest that you put in a denuncia at your closet guardia civil quarters if these people are threatening you.  Country people can become very aggressive where land boundries are concerned. Sometimes it can be to try and get money out of you in exc...

...hange for peace as well.

Years ago. When we hadn't lived a very long time in our country property, we were threatened by some people who said they owned the piece of scrubland next to our fence, an inherited plot which was still in the name of a long dead person, possibly a relative, when we checked the catastral details.  We had marked our boundries with the seller when we bought the house and land and the boundaries had been witnessed too, but these people insisted that we had put our fence on their land and threatened us in a nasty way which got me very upset.  Luckily there could be no mistake in the words that  they used ('We shall mark yur boundries with blood!') as my husband is spanish.  We put in a denuncia and they were gained in the end and they never bothered us again.

I will see what my lawyer says on Monday but most certainly will do this also 

Jenni

Posted: Sun Feb 25, 2024 3:38pm

Jenni

Super helpful member

Posts: 1293

1002 helpful points

Location: Oria

Joined: 14 Dec 2017

Posted: Sun Feb 25, 2024 3:38pm

This is one of those Spanish quirky things that happens when land gets passed to relatives, We had a similar situation, but the other way around. we owned part of the rambla and also a track off it that led to 6 more house way up the track. by law we could have stopped the people in the houses using the track as there was another way that they could reach their house, albeit a long way round. We decided to be neighbourly and let the track that had been used by many generation to be used. But we also owned a part of the rambla that the town wanting to put a waste bin on, so the mayor came to see us and town hall officials to get our permission to put this bin on our land, which really was just the rambla and for everyones use. of course we said yes, But the mayor was very grateful saying that Spanish people are very very possessive about their land, and they had already approached a spaniard to see if the bin could be put on his land and he said no. So good luck, I think you have tried the amicable way now, it time to ask the town hall or lawyer. good luck. But you are right he cannot stop you access to you property if it is the only entry.

Kevin35

Posted: Sun Feb 25, 2024 5:28pm

Kevin35

Original Poster

Posts: 7

7 helpful points

Location: Partaloa

Joined: 12 Mar 2021

Posted: Sun Feb 25, 2024 5:28pm

juanida wrote on Sat Feb 24, 2024 12:33pm:

Even though the law is on your side, I would suggest that you put in a denuncia at your closet guardia civil quarters if these people are threatening you.  Country people can become very aggressive where land boundries are concerned. Sometimes it can be to try and get money out of you in exc...

...hange for peace as well.

Years ago. When we hadn't lived a very long time in our country property, we were threatened by some people who said they owned the piece of scrubland next to our fence, an inherited plot which was still in the name of a long dead person, possibly a relative, when we checked the catastral details.  We had marked our boundries with the seller when we bought the house and land and the boundaries had been witnessed too, but these people insisted that we had put our fence on their land and threatened us in a nasty way which got me very upset.  Luckily there could be no mistake in the words that  they used ('We shall mark yur boundries with blood!') as my husband is spanish.  We put in a denuncia and they were gained in the end and they never bothered us again.

Thank you 

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