How can I protect my property if it has been occupied by a neighbour for three years?

Evaristo Nievas Gomez - Abogado / 699654217

According to the jurisprudence (SSTS de 13/12/1999 y 28/9/1999), a claim action is the best and most efficient defence when you have to claim your rights and the restitution of your asset from someone who is unlawfully using it, such as physical, concrete and specific property. What is required in order to put this action into place: Firstly, you need the title deed that proves who the owner is. Secondly, the property needs to be identifiable. Finally, it has to be proven that the other person is currently possessing or using the said property. The title deed or ownership can be proven in various ways, it can even be a verbal sale agreement. In any case, it is always better to have an official notarised title deed drawn up, that will be registered at the land registry, with the protection it entails. Any type of such dispute tends to be quite complicated and various surveyors will need to get involved.