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Can I stop my neighbour from constructing a wall next to my property?

Property Law

Francisco Garcia Ramirez

5th of December 1999

Q. I live on an apartment complex and the next door neighbour has the intention of building a wall of reasonable proportions right next to my garage gate. I have informed the president of the Community of owners and he has told me the issue will be raised on the next meeting. Since the meeting will take place in two months time, I wonder if my neighbour will be able to consolidate his right over that wall. What can I do?

Hans Leebow

    A. If you believe the wall should not be there and the constructor is not interested in listening to your complaints, I suggest to take immediate action by:

    1. Instructing a lawyer to visit the site and to take notes.
    2. Filing an injunction, called "interdicto" in Spanish, in order to stop the construction. The interdicto is a quick procedure in which the judge rules whether the construction should be stopped or not. It restraints a party from doing something that would cause irreparable harm if not enjoined or temporarily halted. Suggest your lawyer to argue that the wall itself is dangerous to people walking close to it.

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