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Professional Advice

Pregunta al Administrador de Fincas: Trasteros ilegales

Good morning. I am owner of a dwelling in a building of Murcia. Recently, several neighbors and me have heard that on the terraze there are 7 illegal storage rooms that belong to 7neighbors who are older owners, the first to arrive at the building, and that is not recorded in any inutes, unless it is foreseen in the statutes or any other document that justifies it. It’s been 50 years since, but  we are assessing the option request to remove these storage rooms to the end and they are all illegal, would this be possible?

Josefa M.

Administrator:  Juan López

These terraces for its construction have not followed the procedure legally established, and therefore, as you say this is an illegal work, thus not consists proper consent from the rest of owners that once formed part of the community, or minutes that reflects such works or having modified the title establishing for this purpose, so in principle Fluting required to remove and replace the works to the previous state in which they were. However, 50 years having passed since the construction thing changes, because such an act is prescribed according to art.  1963 Civil Code, because according to this real action on real property prescribed after 30 years, so at this time and according to the above, I  believe that there is little to do.

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