stueybrad

The situation is that my neighbour produced plans for his new house and we agreed them and this involved demolishing part of our house in return for part space of his new house. The plans were submitted to the town hall and approved. However, since then my neighbour has changed his plans and his building is more on our land and with less space for us without our permission. We issued a Denuncia to the Town Hall in Enix but they have advised that they cannot help. We now need to take legal action to get my neighbour to alter his building to the agreed plans or return the land back to the original state. Please can you advise what legal action we can take in Spain to do this and wat are the fees for dealing with our case.
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amideislas

Does your neighbour have any special "relationships" with council leadership? Or just have a lot more money than you?

You agreed to it. It's on paper. He changed the plan, but the burden is on you to prove that. I reckon that will not be so easy to achieve. He'll probably pay a gestor to prove you wrong, and that will be the end of it, at your expense.

Probably wasn't a good idea to engage in this agreement in the first place.

Talk to a lawyer, but this is Spain. Be prepared to hear something you don't want to hear.

cricketman

I guess you had the original plans confirmed by a professional i.e. an architect and/or lawyer

I guess you would have also have had to get a surveyor and notary involved, because the work would have meant a change in the escritura?

If it was done properly then there will be more than enough evidence to back you up.

I dont understand what you mean by "issues a denuncia to the town hall"? Denuncias are usually issued to the police, or to the courts. Whichever way, you need a lawyer

Rosemary

As Concierge for the Spanish section of BE I would like to say hello and welcome.

BE is a very large expat website, so if you have problems finding your way around we have concierges who will try to direct you. The moderators for the Spanish forums are Mitzyboy and Fred James, moderators are there to ensure that the site runs smoothly within the rules of BE. Problems and complaints should always be addressed to a moderador who will look into the matter and deal with it efficiently and fairly. Our members who post in the Spain Forums are friendly and helpful with a wealth of knowledge of the issues of living in Spain. At the top of the page you will find a quirkily named thread called Free Beer which is full of important and useful information. Hope you enjoy your time participating in the forums.

Please let me know if you need any further help.

Rosemary

jackytoo

Am I reading this right...you gave someone permission to demolish part of your house and build on you land

Mitzyboy

I honestly think in Spain the best possible route is always to avoid anything that might end you up in a legal wrangle. These things can go on for years, and of course you and your neighbor will fall out. It will cost a fortune, and there's no guaranteeit will work out in your favour. If it does work out in your favour then your place is still demolished, and his building is still standing. Another challenge