How to Evict a Tenant who is not Paying the Rent
Dear Sir,
I have just, by accident, come across this website and evidently you are more than knowledgeable on the affairs of eviction and tenant/landlord rights. I am wondering if your law firm has any experience in acquisition through adverse possession or UsucapÃ*on by prescription as I believe it is referred to here in Spain.
My case is quite complex and I shall try to keep details to the briefest. Like numerous properties in Andalucia in the ´campo´ regions that are occupied with dubious title, I have occupied the same private property publicly, continuously and conspicuously for almost 25 years since 1985. In1995, my occupancy was legally challenged in court claiming that I was a ´precarista´(unlawful occupier). The plaintiff was unsuccessful in proving their case and I was absolved of all charges and awarded costs in my favour. Since this time I have occupied the same property in the same conspicuous manner with all bills and services being met timely and without question. My neighbours will verify my continued, unbroken, occupation of the property and good character during the whole 25 years.
I understand here in Spain there are various criteria to establish possession via UsucapÃ*on, within appropriate prescribed time limits and under varying circumstances - Spanish Civil Code, Titula XV111 arts. 1940,1941,1957 etc.
My question is, as my occupation has not been successfully challenged for more than 25 years, can I initiate a procedure to acquire possession though UsucapÃ*on or do I have to wait upon a further challenge that may never materialise. If successful, is title awarded or is just continued right of occupation granted.
Do I need the services of a ´specialist´ law firm or is this something your own law practice would consider; and if so, what could be the likely costs involved.
I would be happy to identify myself in due course to your law firm, but for the moment and for obvious delicate reasons, I would prefer to remain anonymous; this I am sure you understand.
B.J.
How to Evict a Tenant who is not Paying the Rent
Hi Raymundo,
Thank you for your rapid response. Reading what you have said, I feel we fulfil the criteria for possession following a 10 year period, despite actually living continuously for 25 years. My main concern, is cost. Are there any guidelines laid down for legal fees for this type of procedure. Also, if acquisition was successful and title changed, would this represent a transfer where the authorities may apply taxes . A sale purchase situation wouldn´t exist but transfer would. Nowadays, everything revolves around costs, so before proceeding further it would be interesting to have an approximation of expenses to see if I can contemplate such an action. If valued, even in this down market, I believe the property could be worth, perhaps in the region of four to five hundred thousand euros.
Thank you for your interest.
B.J.
How to Evict a Tenant who is not Paying the Rent
Hi Raymundo
To answer your question. I purchased the land on which my house is built on private contract in 1984 in my own name. The parties to the selling side of the contract are today prominent business people of reliable character and the intermediary agent is still in business today. Prior to escritura for the land purchase an off-shore company was established in which I was the beneficial owner. This move was not done to create anonymity for me but was a recommended method of property ownership in the 1980´s.
During the following years I was completely open about my connection with this company, communication with local as well as state authorities, including Tax Authorities, Foreign Investment Authorities, Local Town Hall, Sevillana, etc.etc. as I did then and continue to do today.
A dispute arose between me and my administrators which could not be easily resolved; this resulted in non-communication from the early 1990´s until the present time. During this time of incommunicado my administrators have tried unsuccessfully to have me removed from what I consider, my own property. My wife and I have resided peacefully and continuously for almost 25 years with all bills and expenses arising in Spain being paid on time. Of course, the property remains registered in the name of my company but with only expired POA I have no authority now to transfer title and the chances of obtaining a new power is highly unlikely. By law, the identity of Beneficiaries of off-shore companies cannot be disclosed by administrators, nominees, trustees or the like. Only by Supreme Court order can identities be revealed and only in extremely serious cases. In my case the administrators are still active and still opposed to me and my family´s occupation – hence my query on acquisition by adverse possession (Usucapión). We have signed testament from our neighbours to verify our continuous occupation as decent, respectable members of our community, some neighbours having occupied their homes equally as long as we have, and in one case even longer. Good faith is evident. Just title can be derived from first purchase contract to verifiable evidence of incorporation of my company by the written documents of the acting lawyer.
I hope this provides a deeper insight into my case upon which you can consider.
Regards, B.J.