How the Reivindicatory Action Can Protect Your Ownership Rights
Reivindicatory Action
Owning property in Spain can be a dream — until a disagreement arises with a neighbour over where your boundary actually lies.
It’s not uncommon for adjoining plots (fincas colindantes) to overlap slightly, or for a fence or wall to be built a few metres too far into someone else’s land.
When this happens, Spanish law offers a specific legal tool to defend your ownership rights: the reivindicatory action (acción reivindicatoria de dominio).
What Is a Reivindicatory Action?
The reivindicatory action is a civil legal procedure that allows the rightful owner of a property to recover possession of land that someone else is occupying unlawfully.
It’s based on Article 348 of the Spanish Civil Code, which states that the owner has the right to enjoy and dispose of their property freely.
In other words, if part of your registered land is being used or enclosed by your neighbour without your consent, you can claim it back through this legal process.
Which boundary dispute can happen?
This type of claim is often used in boundary disputes such as:
- A neighbour who has extended their fence or garden a few metres over your land.
- A wall or swimming pool built beyond the legal boundary.
- Differences between the measurements on the title deed (escritura), the Cadastre (Catastro), and the actual land on site.
Even small discrepancies — sometimes as little as one or two metres — can be important, especially in rural or coastal areas where property values are high.
What I need for claiming the ownership of my boundary in Spain?
To bring a successful reivindicatory action, you must demonstrate three things:
- Ownership: You are the legal owner, proven through your title deed (escritura de compraventa) and a recent Land Registry certificate (Nota simple).
- Possession by the Neighbour: The other party is in physical control of the disputed area.
- Identification of the Property: The area being claimed is clearly defined — usually proven with a technical topographic report prepared by a surveyor (perito topógrafo).
How the reivindicatory procedure Works?
The process is filed before the Civil Court of First Instance (Juzgado de Primera Instancia) in the area where the property is located.
It follows several stages:
- Filing the Claim: Your lawyer prepares a detailed lawsuit (demanda) including all supporting evidence — deeds, cadastral maps, expert reports, and photos.
- Response from the Neighbour: The neighbour may oppose the claim, perhaps arguing that they are the rightful owner, that the boundary is different, or that they have acquired ownership through long possession (usucapión).
- Expert Evidence and Court Hearing: Both parties may present their own expert surveyors, and the court can appoint an independent expert to verify the measurements.
- Judgment: If the court agrees with your claim, it will order the neighbour to return the land to you and recognise the correct boundary.
Which is the duration and costs of the reivindicatory process in Spain?
Civil procedures in Spain can take several months to over a year, depending on the complexity of the case and the court’s workload.
Costs include the fees for legal representation (abogado and procurador) and the expert surveyor. However, a favourable judgment restores your property rights and ensures that your official boundaries match the legal reality — protecting your investment and preventing future disputes.
How to Avoid Going to Court?
Before starting legal proceedings, it is often advisable to:
- Check your property’s boundaries in both the Land Registry and Cadastre.
- Commission a topographic survey to compare official data with the actual land.
- Attempt friendly negotiations or mediation with your neighbour.
Early professional advice can often resolve the situation without the need for a full court case.
Why You Should Seek Legal Help?
Spanish property law can be highly technical, especially when cadastral and registry boundaries don’t match.
An experienced property lawyer can:
- Analyse your documentation and identify inconsistencies.
- Work with expert surveyors to prepare accurate evidence.
- Represent you in court and protect your ownership rights effectively.
Need Assistance with a Boundary Dispute?
If you are facing a dispute over the limits of your property or believe your neighbour is occupying part of your land, REUTERS SOLICITORS will handle with the whole process.
REUTERS SOLICITORS offers legal advice and representation in civil proceedings across Spain, ensuring your ownership rights are properly defended.
Do not hesitate to contact REUTERS SOLICITORS for free information.
