The end of summer already seems a reality and brings with it the return to the routine. However, this return could be marred if we discover that our home is occupied after our absence. Although the data show a downward trend in these crimes, with 11% less in the first quarter of the year than those registered in the same period of 2022, around 3,900 infractions have already been recorded so far in 2023. Therefore, from Marín & Mateo Abogados they have created a list of the steps to follow in the event that we see ourselves in this unpleasant situation.
In the first place, it is important to differentiate between trespassing and usurpation, since while the former defends the inviolability of the home, the latter option protects private property. Thus, it is not considered the same that they break into a house that is your habitual residence to illegally occupy an uninhabited house.
In this way, if we distinguish between both concepts, the General Council of the Judiciary (CGPJ) has also shown a downward trend in occupations that began in 2022, when 19.9% fewer verbal trials were recorded for illegal occupation of homes than in 2021. This trend has continued in 2023, as 71 admissions have been recorded so far this year, 26.8% less than in 2022.
Once both concepts are differentiated, in the event that there is an occupation in our home, the main thing is to contact a criminal lawyer who will inform us about how to proceed.
Also, supplies cannot be cancelled, as we would face fines and even prison sentences. Once we have contacted a lawyer to help us take the appropriate steps, we must file the complaint as soon as possible, to which the documentation attesting to the ownership of the home must be attached.
It is important that there is no dispute or conflict with the person who has occupied our home, so we must perform all these steps as calmly as possible to avoid possible future inconveniences.
As for ways to prevent the occupation from occurring, the most important thing is to install security measures, both alarms and bars, armored doors or video surveillance cameras. In this way we can know if something happens in our home, as well as make it difficult for it to happen.
In addition, we can ask the neighbors to notify us if they detect something strange and it is important to avoid giving clues that the house is empty. In this aspect, it is not advisable to publish on social networks that we are going on vacation or let the letters accumulate in the mailbox.
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