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Thread: Right of way

  1. #1
    Unregistered
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    Default Right of way

    I have recently bought a 23 year old property in the Balearics. The property is situated to the rear of two other properties, with a right of way of 3 meters, from the street to my property, which is stated on the escritura.
    When I bought the property over three years ago, the access was 2.1 meters at one end, and 2.4 meters near the street.
    I had the land measured by a reputable topografic company, and the missing area was becuase of a small wall, with wire fence, and a swimming pool pump house encroaching onto the driveway from my neighbours property.
    I spoke to my neighbours, and I agreed to pay for a new wall, if they agreed to move the fence and pool pump house (A very small structure) to give me easy access to my property with my vehicle. The right of way is aprox. 18 meters long.
    They hesitantly agreed.
    While I was away due to work commitments, they hastily built a 1.5 meter high wall, moving it only approx. 40cm, and left the pool house, refusing to move it.
    Does it matter how long a sructure has been erected, whether it can be knocked down or not?
    Can they claim the pool pump house and original wall had been there so long they cannot be made to move it?

    Thnks in anticipation of some advice.
    Michael.

  2. #2
    Senior Member
    Join Date
    Oct 2008
    Location
    Marbella
    Posts
    1,095

    Default

    Dear Sir,

    Your neighbours cannot build on a right of way, it's that simple.

    You can order to have their structure demolished if it impedes access to your own property.

  3. #3
    Unregistered
    Guest

    Default Right of way.

    Dear Sir,

    thank you for your speedy reply.

    Do I have to go through the Courts to obtain the order?

    Kindest regards,
    Michael.

  4. #4
    Senior Member
    Join Date
    Oct 2008
    Location
    Marbella
    Posts
    1,095

    Default

    You're welcome.

    Yes.

    But prior to going thorugh the courts, which should be always your last resort, hire a lawyer and send them a registered letter informing them that you are in your right to demand the said structure be removed and if they refuse you will have no option other than being forced to go through the courts.

    Regards,

  5. #5
    Unregistered
    Guest

    Default Right of way.

    Thank you again!

  6. #6
    Senior Member
    Join Date
    Oct 2008
    Location
    Marbella
    Posts
    1,095

    Default

    You're welcome Sir.

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