What is the time limit for recovering possession?

Question

José Manuel Alburquerque · Accepted Answer

One year from when you were deprived of possession or from when someone began to interfere with it. Within that period, whoever had the asset, whether the owner, the tenant or any other possessor, can ask the court to have it returned through a fast-track procedure in which there is no need to prove who the owner is. Once the year has passed, the court will no longer admit that claim. That does not mean losing ownership, but the owner will have to claim the asset back with the action for recovery of ownership (“acción reivindicatoria”), which in Catalonia never becomes time-barred, in proceedings in which they must prove that it is theirs. The one-year time limit The “Ley de Enjuiciamiento Civil”, Spain's Civil Procedure Act, which applies in the same way throughout Spain, does not admit claims to retain or recover possession that are filed more than a year after the interference or the dispossession. The “Código Civil de Cataluña”, the Catalan Civil Code, fits in with that time limit, because it says that anyone who takes hold of an asset, even against the will of the previous possessor, brings the latter's possession to an end if they keep it for more than a year. This route, formerly called an “interdicto”, serves two purposes: Recovering possession when it has been taken from you, for example if someone has entered your land and fenced it off or has changed the lock on your commercial premises. Retaining possession when someone interferes with it without taking it from you entirely, for example by repeatedly entering your land or carrying out works that prevent you from using it. It can be sought by whoever had the asset, even if they are not its owner, such as a tenant against a third party. The court only examines who was in possession and whether that person has been dispossessed or disturbed in their possession, not who the owner is. The year runs from the dispossession or the interference. If you did not find out straight away, the prudent course is not to rely on it running from when you found out and to claim as soon as possible. If the year has passed Once the year has passed, the right is not lost, only this fast-track route. Other, slower routes remain: The owner can bring the action for recovery of ownership, which in Catalonia never becomes time-barred. They will have to prove that they are the owner. If whoever has the asset lives in it because they were allowed to, without paying anything, the owner can bring a possession claim against an occupier by permission (“desahucio por precario”). It is not advisable to wait. Over the years proof becomes harder and, if whoever has the asset possesses it as owner, openly and without violence, they could end up acquiring it by acquisitive prescription (“usucapión”). Squatted homes and what not to do If someone has entered a home without permission, in addition to the criminal route there is a fast-track civil route to recover it. It is a variant of the one explained here, so in principle it must also be used within the year. Under no circumstances should you take back possession yourself, for example by changing the lock or removing whoever is inside, because it may be a criminal offence even if you are in the right. If the entry has just taken place, alert the police straight away. For this fast-track route, including in the case of a squatted home, the law does not require an attempt to reach an agreement first, so you can sue straight away. For the other actions, such as the action for recovery of ownership, you do have to attempt it, in general, for example with a written proposal or mediation.