Author Topic: Squatters  (Read 805 times)

Offline spitfire58

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Squatters
« on: July 06, 2018, 22:05:42 pm »
Interesting post on Janet Ascombe today. May help some people. Long overdue in my opinion !!


New law to deal with squatters comes into force today

A new law against squatting comes into force today. The legislation, Ley 5/2018, modifies and updates the previous legislation of 2000, and will make it much easier for owners to recover their own properties after they are occupied unlawfully. In particular, owners will be able regain access to their properties immediately either for themselves or any legal tenants they might have had who were displaced by the squatters; the law does not distinguish between private homes and properties owned for rental purposes, the only relevant criterion is that the property is considered to be a domestic home for its owner or a legal tenant, and not a business premises.

To take legal action against squatters the law will simply require either proof of ownership or of a right to possess if not the owner (eg a valid rental contract). Action can be taken against persons known or unknown, so the identity of the squatters is not a legal prerequisite for Court proceedings to be initiated or for an eviction notice to be served. The Court will then issue an instant demand to the occupants to justify their presence. If they cannot provide proof within five days that they have a right to be in the property, the Court will order the immediate return of the property to the owner or tenant: the squatters will have a right of appeal but they will need to show the Court that they can demonstrate a right to occupy (or an owner/tenant’s lack of such right) before an appeal will be allowed.

Once eviction is ordered, and assuming no appeal is lodged by the squatters, action will be taken within one week to evict any illegal occupants who remain in the property and return it to owner or legal tenant.

See here: https://www.janetanscombe.com/news/new-law-to-help-owners-deal-with-squatters-comes-into-force-today.html
« Last Edit: July 06, 2018, 22:11:03 pm by spitfire58 »

Offline Ivemovedon

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Re: Squatters
« Reply #1 on: July 06, 2018, 22:14:47 pm »
Been a long time coming.

Offline dagwood

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Re: Squatters
« Reply #2 on: July 06, 2018, 22:15:07 pm »
Very good, I wonder how long will it take to get a court date?

Offline erik_tonny

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Re: Squatters
« Reply #3 on: July 07, 2018, 08:11:55 am »
Lets hope that this law actually becomes reality.

Offline vivafuerte

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Re: Squatters
« Reply #4 on: July 07, 2018, 10:28:27 am »
they need put in a clause to repay damages, getting your place back half destroyed is not justice.

Offline Lexeus

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Re: Squatters
« Reply #5 on: July 07, 2018, 14:01:23 pm »
they need put in a clause to repay damages, getting your place back half destroyed is not justice.

Technically you can always go to court to get compensation for damages, the problem is these people don't hold any assets to pay you compensation....

Offline vivafuerte

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Re: Squatters
« Reply #6 on: July 07, 2018, 14:30:11 pm »
they need put in a clause to repay damages, getting your place back half destroyed is not justice.

Technically you can always go to court to get compensation for damages, the problem is these people don't hold any assets to pay you compensation....

and the court will always side with the spaniard over a foreigner

Offline Lexeus

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Re: Squatters
« Reply #7 on: July 09, 2018, 14:31:28 pm »
I disagree with that, I know of foreigners who have had fair rulings from judges.

Although the councils may be full of politics and corruption, I hold onto the hope that the judiciary in all of Europe are unbiased

Offline spitfire58

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Re: Squatters
« Reply #8 on: July 09, 2018, 23:25:35 pm »
I disagree with that, I know of foreigners who have had fair rulings from judges.

Although the councils may be full of politics and corruption, I hold onto the hope that the judiciary in all of Europe are unbiased

It is the best we can hope for Lexeus. I also hope the judiciary are normal decent people who would do the right thing regardless of nationality

Offline Lexeus

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Re: Squatters
« Reply #9 on: July 10, 2018, 16:42:32 pm »
If anything I would say any bias in the Spanish judiciary is in favour of the people and against the government and corporations, it's an anti-capitalist movement in disguise :)

It is actually one of the things that makes me think of Spain in a positive light compared to the UK, they look after the little people. The legal process may be very slow, but that goes for everything in Spain, and they may rightly or wrongly let off offenders sentenced to less than two years, but I am pretty damn sure that no Spanish judge would do what a UK judge did last year and order a women to pay £24,500 of parking tickets
https://www.telegraph.co.uk/news/2017/04/03/britains-biggest-parking-fine-motorist-told-must-pay-24500-ignored/

If anyone is liable for £24,500 in parking tickets, then the question is not why they haven't paid, it's who the hell authorised parking restrictions that could cost that much!!!
« Last Edit: July 10, 2018, 16:48:55 pm by Lexeus »

Offline spitfire58

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Re: Squatters
« Reply #10 on: July 10, 2018, 18:11:40 pm »
Fair enough Lexeus. I don’t think it was all parking charges, there were late fees, court cases etc.
But then, if she blatantly ignored it or refused to initially pay it then by all means charge her the full whack. Far to many people get away/think they can get away with blindly ignoring rules & then plead poverty & ignorance when actually they knew exactly what they were doing IMHO
« Last Edit: July 10, 2018, 18:14:06 pm by spitfire58 »

Offline vivafuerte

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Re: Squatters
« Reply #11 on: July 10, 2018, 18:32:16 pm »
if you got over 200 parking tickets for parking in the same place, and didnt pay any of them, even though the ticket issuer offered to let you have a parking pass (£40 per year) im sorry but you need removing of some dumb, and if that lesson is taught through financial extraction then so be it.

« Last Edit: July 10, 2018, 19:00:47 pm by vivafuerte »

Offline Tamkid

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Re: Squatters
« Reply #12 on: July 10, 2018, 21:32:29 pm »
I never realised that it is illegal in Scotland to clamp cars. In exceptional circumstances the Police or the Local Authority can have them towed away, you live and learn. Makes you wonder what exceptional circumstances are if someone has ignored 200 parking tickets.

Offline spitfire58

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Re: Squatters
« Reply #13 on: July 10, 2018, 23:19:39 pm »
I never realised that it is illegal in Scotland to clamp cars. In exceptional circumstances the Police or the Local Authority can have them towed away, you live and learn. Makes you wonder what exceptional circumstances are if someone has ignored 200 parking tickets.

I have seen plenty clamped for not having road tax in Scotland. As usual, the laws must be different for the authorities !!!

Offline Lexeus

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Re: Squatters
« Reply #14 on: July 13, 2018, 11:31:42 am »
Yea, it's private clamping firms that are banned. The government can always do what it likes.... it just pays the human rights compensation later out of your tax :D

back to parking fines, out here we regularly park on yellow no problemo, and if your in a hurry ambulance parking is always available... but ONLY if your in a hurry  :P

Offline erik_tonny

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Re: Squatters
« Reply #15 on: July 13, 2018, 12:05:08 pm »
Yea, it's private clamping firms that are banned. The government can always do what it likes.... it just pays the human rights compensation later out of your tax :D

back to parking fines, out here we regularly park on yellow no problemo, and if your in a hurry ambulance parking is always available... but ONLY if your in a hurry  :P

You must have your own car, so the chance is your car could be owned by a Majorero
We once saw a group of cops following the yellow line. All hired cars got a ticket, the private cars (could be owned by a Majorero) were skiped.
Maybe they even get a kickback following this scheme:
Car rental gets the ticket, they pay the next day and get the 50% reduction. Then they carge the renter for the full sum after 2 weeks.