Home squatting affects all types of owners, but the law is still very far from defending them. Although it may seem like a lie, there are even situations where It is the squatter himself who can denounce the owner and the legislation protects him.
Despite the outrage over the squatter problem, slight changes were made to the law, the problem remains unresolved. In fact, judges and lawyers warn all victims to be very careful.
Having your house squatted is a very unfair situation, but it is important to remain calm and consult experts. If we act on our own or try to take justice into our own hands, we will put ourselves in grave danger.
Can a squatter sue the owner of the property?
As frustrating as the situation may be, the reality is that The only legal way to recover squatted housing is to resort to the police and the courts..
If we try to do it ourselves, we run the risk of being sued for having acted outside the legal channels using violence, intimidation or force. This situation is included in article 455 of the Penal Code.
There is, however, a series of situations we never have to fall intobecause during a possible trial, it is very likely that justice will rule in favor of the squatter.
Do not enter the apartment if there is a squatter
Our first impulse could be enter the squatted house, to recover it. However, they could sue us even if we own the house.
In case the squatter is able to justify that it is his residencewe would be committing a crime of trespass. Here, it doesn’t matter whether we are owners.
It is therefore very important that you know the difference between usurpation and intrusion. If the property is registered as your first or second home and you notify the police within the first 48 hours, they can enter to collect it without a court order.
Do not change the lock of a squatted house
Another of the most common ideas is take advantage of the moment when the squatters leave the house to change the lock. This way you prevent them from entering the house.
This may seem like a reasonable solution to us, but squatters can file a complaint in two different ways. Again for trespass and, furthermore, for duress.
Can I cut off a squatter’s supplies?
This is one of the most scandalous situations that exists. However, Leaving a squatter without electricity or water is prosecuted by law. According to article 172 of the Penal Code, this is an offense of coercion.
Even if it is not reasonable, you will have to continue paying for the supplies from your squatted house to people who entered your house illegally.
Report squatters on social media
The frustration of not being able to do anything pushes us to decide, at least, to publicly express our indignation. For example, telling our case on social networks.
If we want to do this, we must be very careful. If we publish personal data of the squatter, You can notify us of any attack on your image and your private life..
