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Professional Advice

Ask the Administrator: Wall that is about to collapse due the poor state of maintenanc

Good afternoon. I live in a residential area at the beach in Murcia, in which we have a wall that is about to collapse due the poor state of maintenance and conservation.  While the wall is separating two apartments on the ground floor (which have the exclusive use) the truth is that it is a wall that gives to public areas where my kids play with their friends and I am concerned that it may collapse when children are playing around. Therefore I’d like to know who is the arrangement of the same and what can I do for the redress.

Alejandra R.

Administrator:  Agustín Pascual del Riquelme 

Good afternoon. Thank you for asking us to let’s help with something as important as what you rise, because we think whatever actions that must be carried out, should make it with the greatest of emergencies. First of all tell you that we must be clear who is the property of the wall, therefore even though you “exclusive use” speak the truth is that it is not us clear to who corresponds the ownership (if private or common). For this it must revise the statutes of their community.  Unless the statutes provide otherwise, in the case of a wall which overlooks areas could consider that it is a common element and, therefore, provided that the bad state is not because of an improper maintenance of the owners of the two houses (by example do works on the wall without the consent of the community), the service would be up to the community.

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