SUMMARY OF THE ARTICLE
1.- New court success.
Our firm obtained a favourable ruling in first instance in a property recovery dispute. The other party appealed, and the Provincial Court of Alicante has now fully upheld the ruling, once again siding with our clients.
2.- The case. A disputed strip of land.
Two neighbouring plots in Benissa, separated by a wall since 1978, were at the center of the conflict. The claimant sought the recovery of 46 m² that, in her view, formed part of our client’s property, who maintained that his ownership had been clearly delimited by that same wall for over thirty years.
3.- The Provincial Court’s ruling and the requirements for property recovery.
The Provincial Court sided with our clients once again, recalling the requirements set out in article 348 of the Civil Code. In this particular case, the precise identification of the land claimed was never proven.
In this week’s article, we return to a case we covered previously. Four years ago, our firm successfully defended our clients against a property recovery claim, which was ultimately dismissed. Unhappy with the outcome, the claimant lodged an appeal. The Provincial Court of Alicante has now fully upheld the first instance ruling, which favored our clients and ordered the other party to pay the legal costs.
The Specific Case: What Was at Stake?.
Two neighbouring plots in Benissa originated from the same parent property, split in 1978. A wall had separated the two properties ever since. The claimants argued that the physical surface area of their plot was smaller than that recorded at the Land Registry. According to them, 46 m² were missing. And they believed those meters were actually located within our client’s property. Our client had acquired his property in 1989, and had been using that same area, delimited by the same wall, ever since. In first instance, the Court of Denia dismissed the claim. It concluded that there was insufficient evidence to identify precisely where those disputed 46 m² were located.
What Does the Law Require for a Property Recovery Claim?.
Article 348 of the Spanish Civil Code grants the owner the right to reclaim property from whoever possesses it. Case law has set out the requirements that must be met:
.- The claimant must prove their ownership by means of a valid title. A sale deed, an inheritance deed, or any other document evidencing ownership of the property claimed.
.- The defendant must be in possession of the property claimed, without any title justifying it, or with a title of a lesser standing.
.- The property claimed must be perfectly identified. This is a crucial requirement. It is not enough to state that “meters are missing”. It must be proven exactly where they are, what their boundaries are, and that they form part of the property being claimed.
Without strict compliance with these requirements, a claim of this kind cannot succeed.
The Appeal Ruling and the Identification of the Land Claimed.
The claimant decided to appeal the First Instance decision. And the Provincial Court of Alicante’s ruling is clear: the identification of the property claimed was not conclusive. On one hand, the claimant’s plot bordered three other properties (besides our client’s) and it was never examined whether the alleged surface shortfall could be found in any of them. Furthermore, the historical Land Registry record of the parent property was never provided. Making it impossible to determine with certainty where the original boundary lay. For all these reasons, the first instance ruling was upheld, once again siding with our clients. You can read the full ruling by clicking HERE.
Conclusion.
At White-Baos Lawyers, we specialise in real estate law and disputes over boundaries and property rights. If you are facing a similar claim or believe your rights as a property owner are being challenged, do not hesitate to contact us. We will study your case in detail and provide expert legal advice.
The information provided in this article is not intended to be legal advice but merely conveys information relating to legal issues.
Carlos Baos (Lawyer)
White & Baos.
Tel: +34 966 426 185
E-mail: info@white-baos.com
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