Squatting has risen in recent years on the list of concerns of Spaniards. A problem that has worsened recently and that generates great political and social debate.
On many occasions, owners do not know how to proceed when they find their house squatted and often encounter legal obstacles that prevent them from recovering their home.
The lawyer Paula Zoto, from the firm Le Morne Brabant Abogados, has shared on the portal ‘Legal Confidence’ several useful tips for those who may find themselves in this situation and issues a warning of what not to do if they squat our house.
The criminal law expert offers important recommendations on how to act against the illegal occupation of a home. The key is to distinguish between trespass and usurpation: «The home invasion occurs when the occupied home “It is the person’s habitual residence, while usurpation affects uninhabited homes,” he clarifies.
Zoto emphasizes that in both cases the intervention must be carried out legally, resorting to the authorities. Cutting off basic services such as water or electricity is not a valid option, since “this could lead to criminal proceedings for a crime of coercion, with penalties of a fine or even prison.”
«Greater legal complications»
Furthermore, he emphasizes that acting outside the law “would only result in more time with the squatters inside and greater legal complications… everything would take longer.”
The lawyer also warns about the legal protection that extends to both first and second homes. According to jurisprudence, “the legal protection is the same in both cases”, so Any occupation under these conditions can be treated as trespassing.a flagrant crime that allows immediate action by the police.
Another of the most relevant pieces of advice is not to intimidate squatters or try to take justice into your own hands. According to Zoto, “reaching an economic agreement is completely valid as long as it is done within the legal margins.”
Finally, the lawyer debunks some myths, such as the 48-hour period to act. «The crime of breaking and entering is continuous and flagrant. It doesn’t matter when it is reported; The important thing is to demonstrate that it is the habitual residence,” he says.
Zoto concludes with a clear recommendation: «Trust in the law and the Security Forces. Acting outside the legal framework not only complicates the situation, but can cause serious problems for owners.
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