Recently, I went with a friend to view a pre-owned apartment in Barcelona. The location and lighting were great, and the price was fair. But just as we were about to get into serious talks with the agent, we discovered a jaw-dropping problem—one of the apartment’s balconies had been ‘claimed’ by the next-door neighbor!
What on Earth Was Going On?
The neighbor had filled the balcony with their belongings and was even hanging laundry there, treating it completely as a part of their own home. The agent’s explanation was vague, mentioning it was an ‘issue from the past’ that could be ‘resolved through negotiation.’ My heart sank immediately. Wasn’t this just a variation of the infamous Spanish Okupa (squatting) problem? While not the typical case of breaking in and occupying an entire property, this kind of partial encroachment is just as tricky.
Don’t Underestimate the Trouble of a ‘Claimed’ Balcony
Many might think, ’It’s just a balcony, I can live with it.' Never think that way! First, it directly affects your living experience and the property’s value. Second, if left unaddressed for a long time, it could lead to more complicated ownership disputes under Spanish law. Although the conditions for acquiring ownership through adverse possession based on balcony area are extremely strict and almost impossible to meet, the process of dealing with it is a massive headache. According to the property deeds, the balcony clearly belonged to the apartment we were viewing.
If This Happens to You, What Should You Do?
First, absolutely do not try to remove their things yourself or get into a heated confrontation. In Spain, due process is very important. The correct approach is to communicate through formal channels first. My advice to my friend was that if they really wanted to buy the apartment, they must require the current owner to resolve the issue before the transfer of ownership, and have it stated in black and white in the contract. If you’re already the owner, you can consider the following steps:
| Method | Pros | Cons |
|---|
| Friendly Negotiation | Low cost, fast, maintains good neighborly relations | The other party might ignore you or refuse to cooperate |
| Seeking help from the community president | Has some authority, aligns with community rules | The president might just try to smooth things over, leaving the root problem—often as complicated as defining Spanish balcony area—unresolved. |
| Sending a Legal Notice | Legally binding, a prelude to a lawsuit | Incurs legal fees, will completely sour the relationship |
| Filing a Lawsuit | The ultimate legal solution | Time-consuming, expensive, and a stressful process |
In the end, my friend gave up on that apartment. Buying a home is a major decision, and clear property rights are non-negotiable. This experience was a wake-up call for us: when buying property in Spain, you need to do your homework not just on the house itself, but also on neighborly relations and the community situation. I hope my story helps others, and I welcome you all to share any ‘traps’ you’ve encountered while buying property in Spain!
