Squatters in Spain part 2: legal options

Legal Options
1. Criminal Procedure
It begins with a denuncia at the local police station. Anyone can file it, as it is a public crime.
Advantages: It is the procedure that punishes squatters the harshest but only if violence is involved
and the property was being lived in. Professional squatters will avoid using violence.
Disadvantages: Multiple.

Because it is the legal option which punishes them the hardest, it is also the option that protects

them the most. They will have many legal safeguards in place protecting their rights.
It is slow, even taking years.
It is expensive.

2. Civil Procedure
The most frequently used in addition to the above.
Advantages: Faster than the above.
Disadvantages: The squatters will not be removed from the property until a judge rules it in a sentence.
This may take some time.

3. Administrative Procedure
This procedure is limited to administrative authorities on public assets. It will not be available to private
individuals.
Advantages:

Swift, within the next 48 hours of the occupation. Normally longer.

No need of a judges ruling to evict squatters. Eviction is determined by an Administrative authority,
such as a politician if signed within the next 48 hours.
Disadvantages:

The property must belong to a public administration, leaving out privately owned property.

Can only be done within the first year of squatting. After a year, the appropriate procedure to be
followed must either be a Criminal or Civil one, as a judge must rule on the matter having the owner lost

possession of the property.

Illegal Options
The ensuing options, though followed by a minority, are illegal and you may be criminally prosecuted on
following some of them even leading to a prison sentence. I am in no way advocating them, merely
adding them as another option which in my opinion should not be followed.

4. Taking Justice into your own hands

Advantages:

Very swift.
Depending on how it is done, cheap.
Disadvantages:

You may be criminally prosecuted for hiring thugs, for using physical violence or intimidation, for

breaking into the property etc.

You will have a criminal record if sentenced.

5. Negotiation
Same as point four above, I do not condone this option.
Advantages:

Very swift.
Disadvantages:

Is tantamount to caving in into blackmail.

May prove expensive depending on the amount agreed as compensation to free the property.
There is no guarantee that squatters will not return. In fact, it may backfire, as new squatters may be
drawn to occupy the property knowing the owner is willing to pay to have them removed.

6. Squatting the squatter

This option consists in outwitting them using their own tactics against them, exploiting the law in your
favour just like they do. You become a squatter on your own property. You will wait patiently outside,
until the squatter leaves the property for whatever reason. Seizing the opportunity of a vacant property

you then force your way in and immediately proceed to change the locks again.
Should the police be called in you can always claim that it is your home, showing the title deed and that
youve decided to change the locks. You will not mention at all the word squatter and in any case you
can always report them if they foolishly tryin to force themselves back in your property. Squatters will be
hard pressed to sue you, as you are after all the legitimate owner.
They will not try to break into the property once you are inside as this would be a crime punishable with
jail, which is exactly what they try to avoid at all costs. What you cannot do is first file a denuncia
against them and then pursue this option as you would surely be prosecuted you cannot hedge your
bets pursuing both options; its one or the other. If you follow this option you must forget requesting
police assistance and stick to your guns. Just to make it clear, I do not advocate this option.
Advantages:

Very swift.
Depending on how it is done, very cheap.
No violence necessary there should be no violence at all.
You can always prove you are the rightful owner if necessary i.e. Title deed, witnesses
Disadvantages:

Cunning but not very legal. If along time has elapsed, such as weeks or months, squatters may

have already registered themselves as inhabitants in the property at their local town hall, in which case
your legal position would be tricky to say the least. This would considerable weaken your legal stand
and may lead you to being prosecuted.
Youll need to be in full control of your emotions.
Professional squatters will work in teams and they will rarely make the stupid mistake of leaving a
squatted property empty. However, not all squatters are professionals as explained in the articles
introduction. If you force your way in while theres someone still inside you may find yourself being
prosecuted for illegal trespassing (regardless if you are the owner). So make sure there is no-one inside
at the time.
Continued: Squatters in Spain part 3: advice & conclusions