How do I evict squatters from my property? - Sagué Abogados penalistas
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How do I evict squatters from my property?

How do I evict squatters from my property?

If you are the owner of a property that has been illegally occupied and you intend to initiate criminal proceedings to recover your property, these are the key points to consider before taking any action.

First of all, you must verify that your case meets all the requirements that our Jurisprudence demands for the occupation to be constitutive of a Crime of usurpation of real estate in the non-violent modality, regulated in article 245.2 of the Penal Code.

These jurisprudential requirements basically consist of proving that the alleged squatter possesses the property with an evident intention of exercising the possessory rights of its owner, with a certain vocation of permanence, and totally depriving the exercise of his rights as owner. In other words, the squatter acts as if he were the legitimate tenant or owner of the property, preventing you from freely accessing and disposing of it.

In this regard, it should be noted that in the case of a uninhabited, dilapidated or dilapidated propertyand therefore would not disturb your right of possession as owner (since you would not be able to live in that property either), or of a temporary, transitory or occasional occupationIn the case of a case in which no intention on the part of the squatter to remain in the property as if he were the legitimate tenant or owner is found, we would not be facing a crime of usurpation, and therefore, the Judge would end up issuing a judgment of acquittal to the detriment of his interests.

Based on the above premises, if your case meets the above conditions, it is advisable that you contact a criminal lawyer to advise you on the filing of the complaint and assist you throughout the legal proceedings until the eviction of the property, taking into account that the first actions are extremely relevant for the purpose of obtaining the immediate eviction of the property as a precautionary measure, thus being able to enjoy the property from the first moment of the initiation of the procedure, without having to wait until the final judgment is issued.

Finally, we must warn you that once you have obtained a condemnatory sentence, having executed the eviction, we recommend that you immediately proceed to wall up all the accesses to the house and/or premises, thus avoiding the access of new squatters and having to restart a new judicial procedure.