.

For those that can be gained over a period of time, in some cases this period will start from the moment the issue arises ( for example a neighbour builds beams into a shared wall), and sometimes the period starts from when a neighbour forbids building work, for example, that which will block a window ( an owner of a building with a window that looks on to a neighbour’s plot that does not respect the obligatory distance, may not have the right to keep the window however, if this owner forbids the neigbour to block it he will gain the right to the window after twenty years).

NEIGHBOUR’S TREES

Tall trees can not be planted within a distance of two metres of a neighbouring plot or within 50 cms in the case of a low tree or bush.
This rule is to be applied by a court and in accordance with the current Civil Code ( 1889), so older trees are not affected by this rule.

Current council rules or urban planning regulations may also exist, which impose different distances to be observed. These distances can be claimed by the neighbour from the local authority, and a given period of time established by these rules to comply ( commonly within four years if there is a lack of observance of local planning regulations).

NOISY NEIGHBOURS

There are new court resolutions that can entail criminal responsibility for people, who in the running of their business, cause noise that can disturb or affect the health of the neighbours ( Bars, Disco, etc).

In other less severe cases there are new court resolutions that, in the civil jurisdiction, protect the right of the owner to not be disturbed by the activity of neighbours. The following is a curious case. An owner started a holiday lettings business in his house beside the town’s church. The church had been there for centuries as had been the clock on the church tower. The bell of the clock chimed every hour on the hour, and then repeated chiming. That meant that at eleven o’clock at night, the bell chimed 22 times at eleven o’clock and then again at quarter past, half past and quarter to, before chiming again 24 times at midnight. This was much to the despair of the house’s guests so the owner claimed in court against the Catholic Church and won.

The same can be said of cattle barns, chimneys, cesspools, etc built without observing the regulation distances or built without the appropriate protective measures that must be observed.

SHARED WALLS

It is deemed that a wall within a building, or between plots of land or a hedge is shared between neighbours.

It won’t be considered shared if the wall is constructed completely on the land of just one of the properties, or a supporting beam is entirely in one of the buildings and not the other, or the plot that is enclosed by a fence or a hedge is beside an open one.

Also, it is not shared if the wall is built straight on one side and on the other there is a buttress at the bottom or with a roof that overhangs the property on one side, or the wall has stones ( called pasaderas) that protrude from the wall on one side and not on the other.

Each of the owners of the shared wall can build onto the shared wall and place beams in their half of the wall. Either owner can also increase the height or width of the wall from his or her own side. The co-owner can acquire rights to use the extended wall paying a proportion of the costs of the refurbishment.

Take into account that the right is to increase the entire wall, so each of the owners must not increase only their own half, but the entire wall .

RIGHTS OF ACCESS

When considering rights of access between plots, we can identify different situations:

This is an old custom that is not ruled by law, called serventía. Today, as shared property continues, closing the path by any of the owners is unlawful, unfair, and claimable, if one of the owners closes the path denying access.

In order to do that, without the consent of the other parties, a court resolution must be reached after a claim that involves all the neighbours. This is to resolve which route is the easiest and the shortest way to reach a road, and therefore who is the owner who has to suffer the burden.
The one who gains the right of access has to pay the other the price of the occupied surface area. That does not imply losing property, nor the right to use the land for other purposes. The owner will recover the complete freedom of their land if the access becomes unnecessary because the holder of the right can reach the road by other means.

WATER AND SEWAGE

Only if the yard of a property is surrounded by neighbouring properties and there is not any other possible drainage can the owner ask to drain the rain water through the surrounding properties via the easiest drainage available, while indemnifying against any possible damages.

WINDOWS

No window can be installed on a property with direct views over a neighbouring property if there are fewer than two metres between the wall containing the window and the boundary of the neighbouring property.
If there is a balcony or another kind of extension, the distance is measured from the edge of the balcony.
Oblique views are also prohibited if there are fewer than sixty centimetres, measuring as before.
An opening can be made to let in light provided that it does not allow views of the neighbouring property. The Civil code states this as the right to open a hole of 30cm x 30cm, directly below the roof, with an iron grill and wire netting. Actually what it means is that no disturbance can be caused to a neighbour. And the neighbour has the right to block any opening by building on his or her own property.

These rules are from the Spanish Civil Code which was published in 1889, so windows existing before that date may not be affected by these measures.

Nowadays, transparent brick is allowed to be used, so it forms a solid wall, and allows light to enter the building while blocking any possible views.

.-If a window does not comply with the minimum distance it can always be blocked by the neighbour by building in front of it, because their plot is not affected by any burden in favour of adjoining plots.

.-The neighbour’s window can also be closed by a court claim, without building in front of it, but some court resolutions state that in this case of a court claim to close the window, the maximum period for doing so is thirty years from the construction of the window.

-If the window is actually occupying the neighbour’s space, for example, if the window opens outwards over the neighbouring property or a balcony overhangs the adjoining property. In those cases, a period of twenty years can gain the right to keep the window.

.-Also if there is a window for more than twenty years in a shared wall it is deemed to have been opened with the consent of both owners and will gain the right to remain.

.-If the neighbouring owner forbids by means of a formal complaint to build in front of their windows and the recipient of the complaint takes no action, nor makes a court claim for twenty years, the complainant will gain the right to maintain the window.