Carlos Baos – Damages in your property

Understanding the Statute of Limitations in court claims.

In the realm of claims related to damages suffered in your property, understanding the statute of limitations is crucial for timely legal action. This week, we delve into this vital aspect that is key to ensure a successful resolution of this type of dispute, and to avoid unpleasant surprises when claiming in court.

What is the statute of limitations in court proceedings?.

The exercise of legal actions, depending on their nature, is subject to a statute of limitations. In simpler terms: it is subject to a time limit. Once this period has passed, the action can no longer be initiated and is considered “expired”.

The timeframe to claim against a neighbour for a burst pipe causing water damage to your ceiling is not the same as the timeframe for to claim against your tenant for damages to the doors of your property. The key lies in the nature of the damage. In the first case, we would be dealing with a non-contractual liability case. According to the Spanish Civil Code, the statute of limitations for such cases is generally one year. However, in the latter example, where there is a contractual agreement in place (a lease contract), the timeframe differs, extending up to five years.

Different Types of Damages: Repeated or Continuous Damage

However, when property harm persists over time, legal challenges arise. Unlike instantaneous damage, repeated damage unfolds gradually, making it difficult to pinpoint the exact commencement of the limitation period. Spanish courts have established that in instances of repeated damage, the limitation period commences only when the full extent of the damage becomes apparent, rather than when the damage was initially discovered.

Case Study on Continuous Damage. New ruling in favour of our Law Firm.

In a recent case before the Alicante Hight Court, our firm secured success in a trial concerning continuous damage to a terrace of community nature, buy of privative use. The community of property owners represented by our firm undertook renovations in said terrace. The owner claimed that damages occurred during the renovations and sued the homeowner’s association. However, this was after the one-year prescription period had passed. To overcome this obstacle, it was argued that the damages were continuous, so the legal action hadn’t expired. Our firm opposed this based on Spanish Supreme Court precedents. We obtained a favourable judgment at first instance that now has been confirmed by the regional higher court in Alicante. You can read the complete judgment by visiting our website: https://www.white-baos.com/en/articulos/

Concluding Remarks

At White-Baos Lawyers, we specialize in claims for damages in your properties and court litigation. If you’re struggling with this issue, don’t hesitate to reach out to us for legal guidance. We’re here to review your situation and offer expert advice to protect your rights.

You may be interested in the following services and articles:

Legal claims against the association of owners. Enforceable agreements. Rights of the owners of the parking. Payment of community fees..

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LITIGATION: civil jurisdiction, consumers, Real Estate Litigations: claims against the builder, tenancy disputes, community of owners, etc..

Carlos Baos (Lawyer)

White & Baos.

Tel: +34 966 426 185

E-mail: info@white-baos.com

White & Baos 2024 – All Rights Reserved.

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Carlos Baos
Written by

Carlos Baos (Lawyer)

Lawyer Carlos Baos has been advising on variety of expat-related legal issues for years and weekly column offers free weekly insights.

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