Any owner registered in the Land Registry can take legal action to compel someone to carry out works needed to remove an obstruction to the view from their property so as to restore things to their condition prior to the disruption.

This judicial claim is based on art. 250.1.7º of Law 1/2000, of 7 January, concerning Civil Procedure.

This generic regulation includes legal action that can be taken by owners (title holders) of property rights registered in the Land Registry (bearing in mind that this does not include owners by private contract), who seek to enforce their rights against those who oppose them or obstruct the exercise of them without registered title (only public deeds granted before a notary can be registered) that legitimises the opposition or obstruction.

Disruption of the right of property can be of various kinds: a) carrying out works that obstruct the view or b) opening gaps and windows which, by proximity with the a neighbour’s property, disturb their right to privacy.

According to the provisions of art. 580 of the Civil Code (CC), “no party may, without the consent of the other party, open a party wall, window or any other gap”, “Nor can windows with direct view, balconies or other similar overhangs be opened overlooking a neighbour’s property if there is less than a two metre gap between the wall in which they are built and the property in question. There cannot either be side or oblique views of the same property unless there is a distance of more than 60cm.

Author: J. Escobedo

I am a member of the Tenerife Law Society since 1989 with a dedicated team for anyone who needs an immediate answer or long term solution to any practical or legal issues appertaining to any property or business investment in Spain. If you have decided to move to Spain to start a new life, whether that´s buying a property or a business, then you will definitely need the services of a good Spanish Lawyer who is fully conversant with Spanish protocol and who has a good command of the English language. I am based in the south of Tenerife and I am specialist in Property Law, Inheritance issues and taxes as well as Tenerife and Canarian law and a great deal more. ABOUT MY STAFF All my friendly and professional staff are fluent in English. We have been working for foreign clientes for over 30 years in Tenerife, providing legal advice and litigation services to all our clients investing throughout the whole of Spain and we pride ourselves on providing a high quality service to our clients in the form of clearer communication and advice.

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