2023-04-27 04:43:58
One of the things that can bother us the most when returning home after a hard day’s work is entering our garage and realizing that someone has parked in our space. And although this situation may seem somewhat unlikely, the truth is that it happens much more frequently than we can imagine.
In this sense, although the first thing that may come to mind is attacking the vehicle that is occupying our space, this type of act can mean the charge of a crime of property damage. So it is best to calm down and try to resolve it peacefully.
As revealed by the ‘mundojurídico’ website, the illegal occupation of real estate is a crime typified in article 245.2 of the Penal Code, which establishes that: «Anyone who occupies, without due authorization, a property, home or building belonging to another that does not constitute a dwelling, or remain in them against the will of its owner, will be punished with a fine of three to six months. However, before starting the judicial process, it is advisable talk to the owner of the vehicle to reach an agreement.
In case we have not been able to identify the owner, we can try to find out who the vehicle belongs to by asking the concierge or leaving a note in the car that occupies our space. If we are successful and manage to talk to him, it is best to always do so by way ofcalm and with the presence of a witness to avoid possible subsequent complaints.
Legal measures
If the conversation does not have an effect, we can file a complaint with the president of the neighborhood community so that he can take action on the matter. Although if the days go by and we can’t get you to remove your car, we will have to inform the authorities of the case. However, before taking any action, we must collect all possible evidence of the crime, such as the documentation that proves that said space belongs to us and photographs of the vehicle committing the infraction. After collecting the pertinent evidence, we will have to initiate a process, be it civil for eviction or criminal for usurpation, which will end in a fine for the squatter that can be around 5 euros per day.
Finally, in case our place is rentedAlthough we will have to file the complaint, we will have to contact the owner to update him on the situation.
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