Land recovery claim against our client dismissed on appeal

A recent case handled by our firm illustrates a situation that is more common than many property owners realise. Two neighbouring plots in Benissa had been separated by a wall since the 70s, when a single property was divided into two. Decades later, the owners of one plot became convinced that their land was smaller than it should have been, and that the missing surface area was, in fact, sitting inside their neighbour’s property.

So, they brought a claim before the courts seeking the recovery of less than 50 square meters against our client, who had purchased his property years earlier and had always used the land exactly as delimited by the existing wall, disputed the claim. The case was heard by the Court of Denia, which ruled in our favour. The claimant appealed to the Provincial Court of Alicante, which has now confirmed the original decision. You can read the complete judgment by visiting our website: www.white-baos.com

What makes this case a useful illustration is not the outcome itself, but the reasoning behind it. Under Spanish law, recovering land from a neighbour requires considerably more than a suspicion that a boundary is misplaced. Even where a registered surface area does not match what a survey shows on the ground, the claimant must identify, with precision, exactly where the missing land is located.

In this case, the disputed plot bordered three other properties besides our client’s. Yet the possibility that the shortfall originated elsewhere, rather than from our client’s land specifically, was never examined. Nor was the historical registry record of the original, undivided property produced, which would have helped establish where the boundary had originally been intended to run.

Cases like this tend to arise from properties divided many years ago, when land surveys were considerably less precise than current technology allows. What the courts require nowadays is a complete, verifiable picture, ruling out every alternative explanation before any land can change hands.

For property owners on either side of a boundary dispute, the lesson is a practical one: claims of this kind demand thorough preparation and precise evidence from the outset. At White & Baos Lawyers, we have direct experience handling this type of dispute on both sides, representing claimants and defendants alike. If you are facing a similar situation, we would be glad to review your case. Reach out to us today.

You may be interested in the following services and articles:

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

Regain possession of adjoining land. Possession and Ownership. Spanish Civil Code. New Court Success.

Claim compensation in the purchase and sale of real estate properties in Spain. Handing over a smaller property.

Carlos Baos (Lawyer)

White & Baos.

Tel: +34 966 426 185

E-mail: info@white-baos.com

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