Comunidad de Propietarios: Avoid Problems with Your Neighbours in Spain

[Lawbird Lawyer]

Dear Mr Webb,

That's a very interesting point you raise.

Are you sure those gardens are not communal?

I write this because I know first-hand a development which lower apartments have these gardens, which happen to be communal, and owners are now busy fencing them in with cute little wooden gates. This should not be tolerated by other community owners as these gardens are communal, paid for by everyone. They are not for privative use of these lower apartments. Only because some people act as if they owned the place does not mean they are really the legal owners.

You would be surprised how often this occurs. Appearances can be deceiving. Do not take matters for granted, research them on your own.

If the gardens you mention are effectively privative, you should of course not be paying for them as they are not communal as explained in my article which starts of this very thread.

Yours faithfully,
Raymundo LarraÃ*n Nesbitt