What to do if a neighbour has encroached over the boundary of my plot?

Question

José Manuel Alburquerque · Accepted Answer

You can require your neighbour to remove whatever they have put on your land, such as a fence or a wall, to return the strip they have occupied and to pay you for the damage. Before that, it is advisable to know exactly where the boundary runs, using your title deeds and a plan drawn up by a qualified professional, because if there is any doubt about it the claim may fail. In Catalonia the action to recover what is yours is never time-barred, unless your neighbour has acquired the strip by acquisitive prescription (“usucapión”), which means becoming the owner by having possessed it as their own for the period set by law, in this case twenty years. If your neighbour is building, object in writing as soon as you see the work, because from that moment the law no longer regards them as building in good faith. What the publication explains The publication discusses the 2026 judgment in which the “Tribunal Supremo”, Spain's Supreme Court, confirmed that the Pazo de Meirás must be returned to the State. It explains the action for recovery of ownership, which an owner can bring to recover what is theirs from someone who possesses it without any right. For it to succeed, the owner has to prove three things: That they are the owner, normally by means of their title deed. That what they are claiming is exactly what their title documents describe, with no doubt as to the boundaries, the area or the location. In a boundary encroachment, this is what is most often disputed. That the neighbour occupies it without any right that holds good against the owner. The publication also explains that a mere delay in making a claim does not cause you to lose your right. For a court to reject a claim for having taken too long, known as unfair delay (“retraso desleal”), there must also be acts by the owner that led the other party to trust that no claim would be made. Even so, if your neighbour has been on the strip for years, it is best not to wait any longer. What is different in Catalonia The Pazo de Meirás is in Galicia and the case was governed by the Spanish Civil Code (“Código civil”). Under it, as the publication says, the action to recover a property becomes time-barred after thirty years and acquisitive prescription requires between ten and thirty years, depending on whether or not there is title and good faith. The “Código Civil de Cataluña”, the Catalan Civil Code, has its own rules: The action to recover what is yours is not time-barred. You lose it if your neighbour has possessed the strip as owner, in full view of everyone, without violence and without interruption for twenty years, even if they have no title or good faith. That period is interrupted, among other things, by a formal demand made through a notary or by a court claim. If your neighbour has built on the strip, what happens depends on whether they acted in good or bad faith and on the value of the building work and of the land encroached upon. Their good faith is presumed, but it ends as soon as the owner of the land simply objects. If the land is worth more than the building work, you have three years from its completion to choose between the options the law gives you. How to proceed Gather your title deed and a land registry extract (“nota simple”), the summary of the property's entry issued by the “Registro de la Propiedad”, the Land Registry. Commission a land surveyor to draw up a plan with coordinates comparing the boundary shown in the title documents, the Land Registry and the Cadastre (“Catastro”) with what is on the ground. If the boundary is uncertain, a boundary demarcation will be needed first or at the same time. Send your neighbour a written demand to remove the fence or the building work and return the strip to you. If they acknowledge the mistake, put the agreement in writing and, if necessary, register it at the Land Registry. If no agreement is reached, the remaining option is a court claim, after trying to negotiate as the law generally requires. You can also claim for the damage, for which you have three years from when you become aware of the disturbance, in this case the encroachment. If the occupation began less than a year ago, there is also a faster route to recover possession.