SUMMARY PROCEDURE AGAINST UNTITLE OCCUPENTS IN SPAIN

(SQUATTERS)

That our home can be occupied against our will is one of the situations that has created the most social alarm in Spain in recent years. In order to face this problem from a legal point of view, the Law 5/2018, of June 11, modifying Law 1/2000 of January 7, on Civil Procedure was passed by the Spanish Parliament, introducing a series of specialties in the civil legal proceedings.

Briefly, these specialties are the following:

– It must not have been more than a year since the illegal occupation occurred.

– The lawsuit is allowed to be directed against the ignored occupants of the property, preventing the owner of the property from having to identify the occupants, which was often unfeasible due to the very nature of the occupation without the consent of the owner.

– The plaintiff can request the immediate delivery of possession of the property, providing a title that proves their right to possess (for example, the public deed of the purchase). In that case, the Court will require the occupants to provide, within five days, from the notification of the demand, a title that justifies their possession, with the warning that, if they do not do so, the Court will order the immediate eviction.

– The occupant can only oppose the demand, alleging the existence of sufficient title to possess against the plaintiff or the lack of title of the plaintiff.