Anonymised case study
Unlawful occupation: dismissal before trial
A trial for an alleged minor offence of usurpation had been reported.
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Unlawful occupation and possession disputes
Differentiating criminal and civil claims.
We review the title, possession, authorizations and reported conduct to identify the corresponding legal channel. Not every dispute over a property constitutes an offence of usurpation.
What should be reviewed?
The usurpation, the break-in and the civil possessory conflicts are different figures. The answer depends on the nature of the property and the elements to be demonstrated.
What can you prepare?
- Title and documentation of the building
- Requirements and communications
- Complaint and summonses
- Documents on possession or authorization
Spanish Criminal Code · art. 245
Understanding to Decide
Related legal terms
Cases related to this service
Anonymised case study
Unlawful occupation: acquittal without a maintained accusation
A procedure for a possible minor offence of usurpation came to trial. Both the evidence and the existence of an indictment that could sustain a conviction had to be verified.
Read moreAnswers to guide you
Questions and answers about this service
18 Brief answers with references to official regulations.
Uprising and breaking and entering are the same?
No. The search protects the dwelling; the non-violent usurpation of article 245.2 refers to buildings that do not constitute it.
Consult this service ↗See FAQ ↗What is meant by dwelling when assessing a break-in?
Protection is related to the space where private life develops. It does not depend solely on ownership or administrative registration.
Spanish Criminal Code · art. 202
Consult this service ↗See FAQ ↗Can a second residence be purple?
It can be if it maintains that private life function. Its actual use must be analyzed; it is not ruled out just because it is not the usual dwelling.
Spanish Criminal Code · art. 202
Consult this service ↗See FAQ ↗Is occupying an empty building always the same crime?
No. They import their function, authorization, permanence, opposition of the holder and possible violence. The qualification requires a study of the facts.
Spanish Criminal Code · art. 245
Consult this service ↗See FAQ ↗Can violence-free usurpation carry a fine?
Article 245.2 provides for a fine for his alleged unauthorized occupation of non-residential property, with the other legal requirements.
Spanish Criminal Code · art. 245
Consult this service ↗See FAQ ↗See the remaining questions
What changes if violence or intimidation is used to occupy?
Article 245.1 provides for a different response and provides for penalties for violence. It must be distinguished from non-violent occupation.
Spanish Criminal Code · art. 245
Consult this service ↗See FAQ ↗Does not paying rent automatically make the tenant a usurper?
No. A non-payment within a rental relationship does not in itself amount to an untitled entry. It is necessary to value contract, possession and avenues of claim.
Spanish Criminal Code · art. 245
Consult this service ↗See FAQ ↗Is a conflict between co-owners always resolved by criminal means?
No. A distinction should be made between civil disagreement over the use or possession of conduct that brings together all elements of an offence.
Spanish Criminal Code · art. 245
Consult this service ↗See FAQ ↗Can I change the lock on my own to get the house back?
Action should not be taken without analysing the situation and the appropriate procedure. It can affect the possession or abode of others and generate responsibility.
Consult this service ↗See FAQ ↗Can I cut supplies to get them out?
Using them as a pressure can constitute coercion according to the facts. It is necessary to use the appropriate legal means of recovery.
Spanish Criminal Code · art. 172
Consult this service ↗See FAQ ↗Is the deed of property sufficient to prove all the criminal acts?
It credits aspects of ownership, but does not in itself demonstrate a lack of authorization, abode, authorship and other elements of the offence.
Consult this service ↗See FAQ ↗Can a refund measure be applied for during the investigation?
Measures of protection or restitution may be considered in the proceedings, according to their requirements. There is no automatic concession for filing a complaint.
Spanish Criminal Procedure Act · art. 13
Consult this service ↗See FAQ ↗Are all occupancy cases resolved within a fixed time frame?
No. The procedure, the identification of occupants, the evidence and the necessary resolutions influence. An eviction with a uniform duration cannot be guaranteed.
Consult this service ↗See FAQ ↗Can a usurpation or break-in be processed by quick trial?
The LECrim includes these offences among the possible scenarios, but the other requirements of the procedure must also be met. It's not automatic.
Spanish Criminal Procedure Act · art. 795
Consult this service ↗See FAQ ↗Is the initial authorization to enter relevant?
Yeah. We need to examine who authorized it, with what scope and what happened next. It is not the same to enter without consent as to discuss the completion of a title.
Consult this service ↗See FAQ ↗What do housing supply bills prove?
They may help to prove use and circumstances, but do not by themselves determine ownership, authorization or dwelling.
Spanish Criminal Procedure Act · art. 299
Consult this service ↗See FAQ ↗Can damage to the property be claimed?
Yes, if you prove your reality and relationship to the facts. Restitution, reparation and other recoverable damages must be distinguished.
Consult this service ↗See FAQ ↗What documentation do I prepare for a conflict of possession?
Title, contract and communications, previous rulings, real use of the property and evidence of access or damage allow to decide the appropriate route.
Consult this service ↗See FAQ ↗Family and successions
The other part of your situation.
In Matrimonialistas you will find information about related civil actions and claims.
Occupation and possession disputes in Spain: choosing the legal route
Read transcript
There is a dispute over the use of a property. Is every occupation dealt with in the same way? No. The facts, possession rights and whether the property is a dwelling must be distinguished.
Gather ownership or possession documents, contracts, communications and earlier court decisions. Explain who used the property and since when. A contractual disagreement requires a different review from entry or remaining without permission.
Criminal proceedings do not automatically replace civil procedures. The classification and possible measures depend on each situation's legal requirements. Avoid taking matters into your own hands through threats, utility disconnections or other actions that may create further legal problems.
At penal.info, we review the dispute and the appropriate route. Prepare a timeline of the property's use and complete documents. Identifying the situation correctly comes before choosing a particular solution.
Book an appointment with María Morales at penal.info.